7.04 - Specific Regulations § 7.04
Section 7.04: Specific Regulations
Source: Ordinance No. 239, 2nd Series
Effective Date: 3-15-01
Subdivision 1. Grasses, Forbs, Shrubs and Trees
The City Manager or his/her designee shall have control and supervision of all
grasses, forbs, shrubs and trees upon or overhanging all right-of-way. The City
Manager or his/her designee shall be responsible to plant or remove trees or other
plants which are on City right-of-way except grass and low lying plants not greater
than twelve (12) inches in height above the ground. At his/her discretion, the City
Manager or his/her designee shall have the ability to appoint private volunteers to
complete the planting or removal of grasses, forbs, shrubs, and trees upon or
overhanging any right-of-way.
Source: Ordinance No. 329, 2nd Series
Effective Date: 5-20-05
Subdivision 2. Corner Visibility
Visibility shall be maintained at all street intersections. No person shall erect,
construct, plant, nurture or maintain any building, structure or vegetation, except
low lying plants and grasses in the corner visibility zone without the appropriate
right-of-way permit to do so. Existing trees, shrubs and grasses must be
maintained to provide, as determined by the City Manager or his/her designee,
clear lines of sight through the corner visibility zone. This clear line of sight is
generally considered to be between thirty (30) inches above the gutter line and
eight (8) feet above the gutter line. The corner visibility zone is considered that
area between the edge of pavement of intersecting streets and a line adjoining
points on such lines forty-five (45) feet distant from their point of intersection, or in
the case of a rounded corner, point of intersection of the tangents at the end points
of the curve.
Upon information that any person is in violation of this Chapter, the City Manager
or his/her designee shall give written notice to have the items restricting visibility
removed. If after receiving written notice to remove the items restricting visibility,
the person fails to remove the offending object within the time specified in the
notice, not less than ten (10) days, the City Manager or his/her designee shall
remove the offending objects with City forces. All costs associated with this removal
shall be billed to the property owner responsible for the obstruction. If the bill is not
paid within thirty (30) days of the invoice date, the unpaid costs may be assessed
against the property pursuant to Minnesota Statutes, Chap. 429.
Subdivision 3. Sidewalk and Driveway Construction
Upon issuance of a right-of-way permit by the City, a person may construct
sidewalks and driveways within right-of-way adjacent to their property. This
construction shall be at the expense of the property owner, and must conform to
the requirements of the City. The permittee will be responsible for any damage to
the street or right-of-way. At the time of application for a right-of-way permit,
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§ 7.04
applicants, except for non-commercial residents of the City, must provide: 1) a
construction performance bond in an amount to be determined by the City Manager
or his/her designee, guaranteeing the work shall be in conformance with City
specifications. The minimum amount of the construction performance bond shall be
five thousand dollars ($5,000); and 2) a certificate of insurance in the amounts of
one hundred thousand dollars ($100,000) to three hundred thousand dollars
($300,000) liability, twenty-five thousand dollars ($25,000) property damage and
evidence of adequate worker's compensation coverage. Non-commercial residents
of the City who wish to perform any work in the right-of-way themselves shall post
a five hundred dollar ($500) certified check, or a five thousand dollars ($5,000)
construction performance bond, with the City Manager or his/her designee for one
(1) year as a guarantee that construction is performed according to the
requirements of the City and insuring repair and replacement of any defective or
deficient work. Additional submittals, as outlined in this Chapter, may be required
at the discretion of the City Manager or his/her designee.
Source: Ordinance No. 239, 2nd Series
Effective Date: 3-15-01
Subdivision 4. Benches - Advertising
Registration and Permit Required. It is unlawful for any person to place or maintain
courtesy benches, with or without advertising thereon, within a street right-of-way,
without registration pursuant to this Chapter and a right-of-way permit from the
City Manager or his/her designee.
A. Conditions of Permitting.
1. The consent of the abutting property owners or lessees shall be required
only where the proposed location of a bench is in an area where the
abutting property is zoned residential or multiple dwelling; in such cases
each permit application shall be accompanied by a written statement
signed by the owners or lessees of the property abutting the street upon
which each bench is proposed to be located, giving the applicant consent
to the installation and maintenance of the bench at the proposed location.
2. Whenever a permitted bench is sold or title or control transferred, the
new owner or lessee shall obtain a new permit and shall register with the
City.
3. The application for placement or maintenance of any bench shall be
denied if the City Manager or his/her designee finds that the proposed
location would obstruct the right-of-way or obstruct corner visibility as
outlined in this Chapter.
4. No permit shall be issued for the installation or maintenance of any bench
that is not at a bus stop.
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§ 7.04
5. It is the responsibility of the permittee to maintain each bench at all times
in a safe condition at its proper location and to inspect each bench
periodically in order that it may be properly maintained. Benches shall be
kept in a neat, clean and usable condition. Ice and snow shall be removed
from and around the benches so that each bench is accessible and usable
at all times. Upon information that a bench is in violation of this Chapter,
the City Manager or his/her designee shall give written notice to have the
bench maintained. If after written notice the permittee fails to maintain
the bench within the time specified in the notice, the City Manager or
his/her designee shall maintain the bench with City forces or by private
contractor. If the City Manager or his/her designee determines that a
bench poses a threat to public safety within the right-of-way the bench
shall be removed immediately and placed in storage by the City. The
licensee will then be notified of the removal. All costs associated with
maintenance shall be billed to the permittee. If the bill is not paid within
thirty (30) days of the invoice date, the permit and registration shall be
revoked and all benches placed or maintained by the permittee shall be
removed. After a bench has been removed, the City shall provide the
permittee a thirty (30) day written notice to retrieve the bench from City
possession. If the bench is not retrieved by the specified date, the City
will dispose of the bench as deemed appropriate by the City Manager or
his/her designee.
6. Bond and Insurance. Permittees maintaining courtesy benches shall
provide a bond and certificate of insurance as required by this code.
7. Upon the revocation or expiration of any permit without extension, if the
permittee fails promptly to remove a bench, the City Manager or his/her
designee may do so within ten (10) days after giving written notice to the
permittee. If the permittee fails to pay the cost of removal and storage of
the bench within a period of sixty (60) days after giving such notice, the
permittee's rights in the bench shall be forfeited, but such forfeiture shall
not excuse the permittee from the payment of the cost of removal and
storage of the bench.
8. Each courtesy bench shall be installed parallel with the curb or street line
and set back a minimum of two (2) feet from the face of the curb or
street line. No bench shall be more than forty-two (42) inches high nor
more than thirty (30) inches wide or seven (7) feet long overall.
B. Advertising Matter.
1. No advertising matter or sign shall be displayed upon any bench except
only upon the front surface of the backrest. No liquor, beer, tobacco,
obscene, immoral or indecent advertising, or political advertising of any
character, shall be permitted, and all advertising shall be subject to the
approval of the City Manager or his/her designee.
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§ 7.04
2. No advertising matter or sign on any bench shall display the words,
"Stop", "Look", "Drive In", "Danger", or any other word, phrase or symbol
which might interfere with, mislead or distract traffic.
Subdivision 5. Traffic Calming Zones
The City Manager or his/her designee may issue a permit for placing obstructions
and planting trees and shrubs and other vegetation that may not be in compliance
with portions of this Chapter, provided these objects are placed within a portion of
the right-of-way designated by the City as a Traffic Calming Zone. The designation
as a Traffic Calming Zone shall be in the form of a resolution passed by the City
Council and shall be based upon studies performed by or for the City. The study
must clearly recommend the placement of obstructions and plantings to reduce
vehicular speeds, increase vehicle safety, and create a safer environment for
pedestrians within the corridor. The City Manager or his/her designee shall
specifically consider the short and long term viability of the plantings and whether
the plantings at maturity could present a public safety problem.
Source: Ordinance No. 286, 2nd Series
Effective Date: 11-14-03
Subdivision 6. Reimbursement for Damage to Right-of-Ways
Any person who soils or damages any public street, right-of-way, or any part
thereof in the City shall reimburse the City for the cost of cleaning or repairing such
soil or damage upon receipt of written notice from the City within thirty (30) days
from the receipt of said notice. Failure to respond to such notice by paying the City
in full within thirty (30) days of receipt shall constitute a violation of this Code.
Receipt of said notice shall be effective upon mailing to the last known address of
such person.
Source: Ordinance No. 338, 2nd Series
Effective Date: 11-25-05
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