HomeMy WebLinkAboutOrdinance No. O21-04ORDINANCE NO. 021-04
AN ORDINANCE AMENDING CERTAIN CHAPTERS OF TITLE 8 OF THE LAUREL
MUNICIPAL CODE RELATING TO HEALTH AND SAFETY MATTERS, INCLUDING
NUISANCES FOR THE CITY OF LAUREL.
WHEREAS, the City Council desires to keep the Laurel Municipal Code current by
modifying and updating chapters, sections and subsections to address situations and problems
within the City and to remain in accordance with Montana law; and
WHEREAS, the City's Public Works Department Staff and Police Department worked to
prepare the following amendments to the Laurel Municipal Code to enable the City to ensure the
health, safety and welfare of its citizens; and
WHEREAS, City Staff prepared, reviewed, and approved the following amendments to
the existing Title 8 as noted herein and hereby recommends the same to the City Council for
their full approval.
Title 8 - HEALTH AND SAFETY
Chapters:
Chapters 8.01 - 8.03 — RESERVED
Chapter 8.04 - GARBAGE AND RUBBISH
Sections:
8.04.010 - Definitions.
Cinder and ashes mean the residue from the burning of wood, coal, coke or other combustible
materials in homes, stores, institutions, and small industrial establishments, for the purpose of
heating, cooking and disposing of waste combustible materials.
zGarbage" means and includes animal and vegetable waste resulting from the handling, Formatted: Font: (Default) limes New Roman, 72 pt
preparation, cooking, and consumption of foods. It is composed largely of organic matters and Italic
their natural moisture content. The term does not include within its meaning food processing
wastes from canneries, slaughterhouses, packing plants or similar industries, or large quantities of
condemned food products. Garbage originates primarily in kitchens, stores, markets, restaurants,
hotels, and other places where food is stored, cooked, or consumed.
Refuse means all solid waste of any kind or type legally disposed of through the operations of
the ci .
Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments
",Rubbish" means all refuse not included in garbage and ashes. It consists of a great variety of Formatted: Fon: (Default) Times New Roman, 12 pt,
combustible and noncombustible waste materials from households, stores, and institutions. This Italic
waste is defined more specifically as 'combustible rubbish" and "noncombustible rubbish," but
whenever the word "rubbish" is used alone, it means a mixture of both. "Trash" is synonymous
with rubbish.
A. Combustible rubbish means miscellaneous Flammable materials Generally. It Is the -
organic component of rubbish such as paper, rags, cartons, boxes, wood, wood shavings,
4wffitwe, bedding, rubber, leather, ` ee b,.cv-o+mmncr""�"':', vard trimmings and similar material.
B. Noncombustible rubbish means miscellaneous refuse materials that are nonflammable at
ordinary temperatures. For the most part it is the inorganic component of rubbish, such as
tin cans. metals, mineral matter, glass crockery dust metal furniture, etc.
C. Yard Rubbish means refuse consisting of tree branches twigs, rays and shrub clippings,
cut weeds fallen leaves and garden waste materials.
(Prior code § 8.12.010)
8.04.020 - Disposal required in general.
The disposal of garbage, rubbish and other wastes shall be as the city council orders by
ordinance and regulation.
A. Any out of city resident or inhabitant may not use any city trash containers for depositing
garbage, rubbish, trash, etc.
B. Any person violating the terms of this ehapter shall be guilt), of a misdemeanor an
-iShOj _ __-ao__ tO this __"-.Violation of this chapter are designated as
misdemeanors and punishable by penalties specified in subsection 1.36.010 A.
C. Nothing herein shall prohibit any bona fide tourist or transient from using such trash
collectors.
(Prior code § 8.12.020)
8.04.030 - Removal of bulky items-getrequired.
The regular collection services shall not remove such items as tires. crates, refrigerators
stoves, air -conditioners. sofas. chairs, mattresses, box springs, pipe, auto parts, mufflers, tree
limbs, trees and shrubbery cuttings (unless these cuttings can be placed in covered receptacles as
provided by the city) and other like items. The owner or occupant of anv building, house, structure
or land shall have these prohibited items removed and deposited in the city disposal area or other
approved disposal area at his own expense within three days Failure of owner or occupant to
remove prohibited items from receptacles, alleys or streets may be removed therefrom at the
Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments
Formatted: Font (Default) Times New Roman, 12 pt,
Italic
Formatted: Numbered + Level: l + Numbering Style:
A, B, C, ... + Start at: 1 + Alignment Left + Aligned at:
0.3" + Indent at: 0.55"
Formatted: Font (Default) Times New Roman, 12 pt,
Italic
Formatted: Numbered + Level: i + Numbering Style:
A, B, C,.., + Start at: 1 + Alignment: Left + Aligned at
0.3" + Indent at: 0.55"
expense of the owner of the property. The city may submit a bill to the persons liable lilr the
removal of such items If the amount is not paid within ten (10) days alter the bill submittal, then
the charge shall be collected in the same manner as the collection ol'other solid waste lees, as
,provided in this chapter.
(Prior code & 8.12.052)
8.04.040 - Certain matter not to be placed in receptacles.
A. Infectious Waste — Waste that is defined as "infectious waste" in Section 75-10-1003
Montana Code Annotated.
1. Infectious wastes shall not he placed with other noninfectious wastes or refuse
for normal collection by the city.
2. Clothing taken from persons with infectious diseases shall not he placed in
receptacles.
3. It is unlawful for any person to dispose of or de sit in the city container site
any infectious wastes which have not bee treated as described in Section 75-
10-1005 Montana Code Annotated, so as to render them noninfectious and no
longer biological hazardous.
B. Inflammable Waste: acids and explosives
No person shall Dlace or cause to be placed in or near the recemaCles provided for the
removal of refuse, any highly inflammable wastes acids. explosives or dangerous or
corrosive chemicals.
C. Other matter not to he 21aced in receptacles.
The following items shall not he placed in the receptacles provided for the removal of
refuse
equipment without being deposited on the surrounding property.
.04.050 — Preparation of refuse for collection .. Formatted: Font (Defauh) Times New Roman, 12 pt
A Animal feces and materials impregnated with urine must be enclosed in a leakproof bag
before being placed in a city container.
B. Combustible rubbish of every kind whatsoever shall be securely wrapped, packed or
contained in a manner that will prevent scattering by the wind and shall be deposited in a
proper receptacle.
Formatted: Numbered + Level: l + Numbering Style:
C. Yard rubbish shall be bagged, packed or contained before being deposited in a receptacle, •-.. A, e, C,... + Start at: 1 + Alignment: Left + Aligned at
0.25" + Indent at: 0.5"
Formatted: Font: (Default) Times New Roman, 12 pt
Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments
(Ord. 03-2.2003: Ord 801. 1985: prior code §' 8. 12.054 (part))
8.04.060 - Accumulation of rubbish in public places prohibited.
A. No person shall accumulate any rubbish including any dry leaves, dead limbs, or old
lumber and allow the same to be stored in my street alley or public Mace.
keep such nremises and one-half of the alley immediately adiacent thereto and the
utter in front ofor adioining his or her property clean open and free of waste aver.
cans, leaves or any unhealthy materials of any kind.
(Prior code 4 S. 12.060)
8.04.070 - Unauthorized use of receptacles prohibited.
premises al \rhich the receptacle or collection noint is located
C. It is unlawful for any person to place or de si[ or permit another to place or deposit,
prohibited refuse in city service containers or to not anything on the ground at these locations.
O. The owner or occupant of any building, house, structure or land shall cause to be removed
all refuse items of the nature which are prohibited to the regular collection service and which
are located, owned or deposited on the nroperte or on the public right-of=wav shall be prima
facie evidence that such owner or occupant failed to remove. as provided by this ordinance.
at his own expense, the refuse or other item or items so stored or located thereon. Removal
within three days of notice by city is required.
(Prior code § 8.12.054(A))
8.04.0380 — Sanitation Public works director to determine user classification.
The saakag Rublic works director shall determine the average volume of garbage and
rubbish produced, the amount of service provided and degree of use for all business, commercial,
educational and other institutions, and shall recommend to the city council the proper classification
of such users.
(Prior code § 8.12.040)
8.04.0940 - Residential garbage -f_ __rates.
Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments
Formatted: Numbered + Level:1 + Numbering Style:
A, B, C, ... + Start at 1 + Alignment Left + Aligned at
0.55' + Indent at: 0.8"
A. The residences of the city are divided into fair and reasonable types according to their
structure and uses for the purpose of garbage and trash accumulation and removal. All
collections will be made either from the alley, where alley exists, or from a place easily
accessible to the street from which the collections are made. No collections shall be made
from inside structures or other enclosures.
B. The annual residential reface-ee}leciiensolid waste fees -rate shall be as established by
resolution of the city council, and may be changed or amended by subsequent resolution of
the council from time to time as the council deems necessary. A copy of the residential fee
schedule shall be on file in the office of the city clerk -treasurer. and shall he apen,_ insp-_"o_
b5* M5 m
(Ord. 97-2 § 4 (part), 1997; prior code § 8.12.030)
8.04.10030 - Residential/commercial o_-`__ge f __rates.
Reface -Solid waste fees -rates at residences where a portion of the building or premises is used
for commercial or business purposes shall be increased by the minimum amount of the commercial
user class.
(Prior code § 8.12.032)
8.04.1 1060 - Nonresidential g_-h_ge feessolid waste fees.
A. All business, commercial, educational and other nonresidential buildings and other
institutions shall be placed into fair and reasonable classes for the purpose of establishing rates
for garbage and rubbish accumulation and removal through resolution of the city council.
B. All resolutions approved by the city council under this section shall be placed on file in the
office of the city clerk -treasurer. for public inspection whilem foree.
(Ord. 04-8 (part), 2005: Ord. 97-2 § 4 (part), 1997; prior code § 8.12.034)
8.04.120070 - Commercial rates.
The calendar year Feta e eelleeti."--"--solid waste teerate for businesses and commercial,
educational and other nonresidential buildings and other institutions shall be equal to the rates and
fees established from time to time by resolution of the city council. No collections shall be made
from inside any structure or other enclosure.
(Ord. 04-8 (part), 2005: prior code § 8.12.042)
8.04.080130 - Minimum commercial €aerate.
The minimum fee -rate for each business, commercial, educational, and other nonresidential
building and other institution shall not be less than the minimum annual residential ratefee.
(Ord. 04-8 (part), 2005: prior code § 8.12.044)
Ordinance No. 021.04 LMC Title 8 Health and Safety Amendments
8.04.140090 - Commercial classification--Sanitutke Public works director authority.
A. Each business, commercial, educational, and other nonresidential building and other
institutions shall be placed in a commercial classification upon the recommendation of the
sartitatien-public works director after determination of the type of garbage, the volume of
garbage, the degree of usage and the required service of the user. Such classification shall be
adopted through city council resolution.
B. User classification, and user's volume of garbage and degree of use may be reviewed by the
senitatierroublic works director upon request of a commercial, educational, or other
nonresidential user, but no more than one such request per calendar year shall be allowed.
(Ord. 04-8 (part), 2005: prior code § 8.12.046)
8.04.1500 — Refnse-Solid waste bill included in water billing.
The annual refesasolid waste fee shall be payable in twelve equal monthly installments. The
refese-solid waste fee shall be included within the water bill each month, and the city water
department is directed not to accept payment of the water bill unless such payment is in the total
amount billed which shall include the appropriate reuse -solid waste fee as herein provided.
Owners or occupants of premises which do not use water shall be billed monthly by separate
billings for the appropriate refuse solid waste fee for their premises.
(Ord. 1005, 1991: prior code § 8.12.048)
8.04.14.60 - Failure to pay bill constitutes lien.
The charges fixed in this chapter for the collection, removal and disposal of all garbage or
trash shall be entered in their respective amounts as charges against each owner, manager,
occupant, tenant, or lessee in the amount so fixed and charged shall be collected monthly in
connection with and as a part of the water bill of the city. Should any owner, manager, occupant,
tenant, or lessee of any place or abode of any business or commercial establishment fail or refuse
to pay the charges fixed against him and his place of abode or place of business when due, the
reline -solid waste fee remaining unpaid shall constitute a lien against the real property wherein
the premises or business or commercial establishment exists and be placed on the annual property
tax statement.
(Prior code § 8.12.050)
8.04.120 n...... ,. ..4L. t. '.,., .... _... '.,.!
e_'
Am es. F "EIRIAN0111-M. Slift'.. -hairs, PiPO, auto PaAS, BlUffleFS. ifee limbsfrees mid shrubbeFN
01110F like ileffiS. 11he ;h
prohibited items removed and deposited it flie eit� disposal area of oilief &ppfeN ed di! fiesal afe
Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments
Formatted: historynote0
8.04.17-50 - Charges for locations and accumulations.
Refuse collection and disposal service may be provided within the capabilities of the
department to installations with unusual locations, types or accumulations of refuse at a charge
established by the public works director4--enation based on actual cost.
(Prior code § 8.12.054(B))
8.04.1860 - Simultaneous service when.
Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments
The sanitation publ is works department shall provide regular collection or container collection
system services according to the type and volume of refuse to be removed, economies of operations
and capability within the department. Normally, refuse container and regular collection service
will be provided to the same installation only at the discretion of the public works director -Of
sanitation.
(Prior code § 8.12.054(C))
8.04.1974 - Parking interfering with containers prohibited.
It is unlawful for any person to park a vehicle of any nature within twenty feet of any container
used in the city container collection service in such manner which would interfere with the removal
of refuse from suchcontainer or block the approach to such container. Proof of
ownership of any vehicle violating this section shall be prima facie proof that such owner parked
such vehicle.
(Prior code § 8.12.054(D))
8.04.20490 - Damaging containers prohibited.
It is unlawful for any person to damage, either willfully or through negligence, any property
of the city used in the city container service.
(Prior code § 8.12.054(E))
8.04.21490 - Doors and lids to be kept closed.
Except when refuse is being loaded into containers, the doors and lids shall be kept closed
except at certain locations approved by the director of sanitation.
(Prior code § 8.12.054(F))
8.04.2200 - City to provide sufficient containers.
The city shall provide sufficient containers for all businesses and residences. It is unlawful for
any person other than a duly authorized employee of the city to collect or remove any garbage or
trash from garbage and trash receptacles used in the regular city collection service or from any
container utilized in the city container collection service.
(Prior code § 8.12.056)
9.04.210 -Pump
Formatted: Font (Default) Times New Roman
Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments
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Formatted: Font (Default) Times New Roman, 12 pt
Formatted: Font (Default) Times New Roman,
Formatted: Font: (Default) Times New Raman, 12 pt
(Prior code § 8.12.065)
8.04.2340 - Collection by city exclusive.
It is unlawful for any person other than the city to engage in the business of collecting,
removing and disposing of refuse within the jurisdiction of the city, or for any person other than
the city, its agents or employees to do or perform any of the things herein required to be done or
performed by the city, except:
A. As provided in Section 8.04.+2030;
B. For drop box service for certain matter not to he placed in receptacles (8.04.43040);
C. For drop box service for demolition material with or without a building or demolition
permit required; eF
D. For drop box service for the disposal of shinglesat construction sites: and..
E. As provided by MCA 7-2-4736. Preservation of existing garbage or solid waste service
in the event of annexation.
(Ord. 1075, 1993)
8.04.2450 - City service fees and charges.
The city council shall establish fees and charges for additional solid waste related services by
resolution.
(Ord. 06-04 (part), 2006)
Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments
Chapter 8.08 - CITY CONTAINER SITE
Sections:
8.08.010 - City to operate container site.
The city shall operate a container site for garbage and debris. The director of public works
shall be the officer in charge of the container site, andsite and shall adopt such rules and regulations
as may be required in the operation of the container site. Such rules shall be posted at the entrance
of the container site and must be obeyed by all persons using the container site.
(Ord. 1073, 1993: Ord. 1022, 1992: prior code § 8.16.010)
8.08.020 — Container site fees.
`--....._ Formatted: historynote0
8.08.0320 - Solid waste fees for noncity residents.
A. The city council shall from time to time by resolution set fees for the depositing of household
solid waste at the city container site by noncity residents, and the same may be changed from
time to time in the council's discretion by further resolution.
B. The fees for depositing all other types of garbage, trash or rubbish shall be in accordance
with dumping fees as established by resolution of the city council.
(Ord. 1074, 1993: Ord. 1023, 1992: Ord. 810, 1985: prior code § 8.16.020)
Chapter 8.12 = CRIMINAL NUISANCES
Sections:
8.12.0 10 — Violations of Chapter 8.12 may be construed as misdemeanors and are subiect to the
penalties enumerated ink 12.100 _ _ _ _ _ ,_ _ Formatted: Highlight
8. 12.020 - Purpose.
Ordinance No. 021.04 LMC Title 8 Health and Safety Amendments
values.
s �� nxxn n xcnrtto��s
_...... _. _.._... __.... __..... _. .... Formatted: Highlight
Mare -tlersens er-23reeerHes Prem On, 'O.Rt:afl..thef„a'us y tho I imitatien-
111106.
dayq Commented[KCIJ: This is word for word duplicatbn of
definitions below in section 8.12.030. Therefore I deleted
this secdon.
8.12.04-240 = lee. . .. .Removal of snowice, etc., from side�� all., b,
nhuttine property owners
it is a paW... nuisance for the owner, occupant, or person otherwise in charge or control of., Formatted: Font (Default) Times New Roman, 12
any premises within the city limits to allow any ice, snow, slush, mud or other impediment Formatted: Font (Default) Times New Roman, 12
to safe pedestrian travel to accumulate or remain on any sidewalk in front of or adjoining such
premises. -t Formatted: Font (Default) Times New Roman, 12
R It shall be the duty of the occupant of any premises within the city or in case such Premises are Formatted: Highlight
unoccupied the owner or his or her agent to keep the sidewalks in front of and adloininR his or her
Premise clean and safe for Pedestrians and to repair the same from time to time, and such occupant
Ordinance No. 021.04 LMC Title 8 Health and Safety Amendments
owner or agent shall remove snow, ice, mud slush and other impediment to safe and convenient
foot travel, within twenty-four (241 hours after its accumulation thereon Formatted: Font Calibri, 111 Highlight
Formatted: Font (Default) Times New Roman 12
C. It is unlawful for ally person to dispose or move Snow from private property Onto a put1IIL """" Formatted: Indent: Left: 0.06", Numbered+ Level: t +
street, alley or sidewalk. Numbering Style: A, a, C, ... + Start at: 1 + Alignment
Left +Aligned at: 0.55"+Indent at 0.6"
(Prior code § 8.04.110) Formatted: Font (Default) Times New Roman, 12 pt
8.12.020 Lawn iFrigi.
pie peri shalliritigateOwnsof shrubberyand_.. �..t~ __ e_._._.. suish.._.___ -" Formatted: Font. (Default) Times New Roman, 12 In
eitsstreii
(Pi veste § 8404.060)
8.12.030- Abandoned •,e :;;:e' StORi Of pffkifig,.a,..r.:,a,... Storage OAFi and
ehie _ storage ,.r.... , _ ' _ab a vehicles ` -le, Open storage of
jeiri, vehicles, inoperable vehicles or iunk vehicles, trailers and recreational vehicles
A. pefinitions. For the purposes of this section, the terms used above shall be defined as follows:- Formatted: Font: (Default) Times New Roman, 12 pt
1_1 " Vehic/e-' means a two or more wheeled or track vehicle designed w _ Formatted: Numbered + Level: 1 + Numbering Style: 1,
transport one or more persons or properties from one location to another including 2, 3,... +Start at:1 +Alignment Left + Ali
gned at
without limitation: trucks, buses, cars, motorcycles, scooters, farm„ and industrial 0.55"+Indent at: 0.8"
equipment. Formatted: Font: (Default) Times New Roman, 12 pt
Formatted: Numbered + Level: 2 + Numbering Style: a,
b, 4 ... + Start at: 1 + Alignment: Left + Aligned at:
b. Junk vehicle means any vehicle, including component parts that is discarded.
vehicle.
Formatted: Numbered + Level: l + Numbering Style: 1,
2, 3, .., + Start at 1 + Alignment. Left + Aligned at.
0.55" + Indent at pa"
Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments
2.
metal rope rags household goods appliances furniture vehicle parts or components
batteries, pacer, tires, rubber debris or waste, iron steel and other old or scrap ferrous
or nonferrous material.
Formatted: line -indent Justified, Space After. 7.5 pt
Numbered + Level: l + Numbering Style: 1, 2, 3, ... +
Start at 1 +Alignment. Left+ Aligned at. 0.55" +
Indent at: 0.8". Pattern: Clear (Whitel
Formatted: Indent Left 0.56", Numbered + Level: 1 +
Numbering Style: 1, 2, 3, ... + Start at:1 + Alignment:
Left + Alianed at 0.55" + Indent at: 0.8"
Formatted: line -indent Justified, Indent Left: 0.56",
• Space After 7.5 pt Numbered + Level: t + Numbering
Style: 1, 2, 3, ... + Start at: 1 + Alignment Left + Aligned
at: 0.55" + Indent at n8". Pattern Clear f Whitel
OF oF F-d1_IP4i9fl IMP components. junk dReludes but is net limited to old oF seffiP brass,
Formatted: Font:
rape, Fags, hatteFies, Paper, 48S, MbbeF E101165 OF Waste, OFOR, steel afid Of .. ... ..
1. "JIURk vehicle" means My aUtBRIBb"O. which is rained, wFeeked, panially dismantle
and which is not lawfully and validly licensed;
B. Abandoned Vehicles. All inoperable auietttebilesvehicles, or parts thereof, parked or stored
on any city property, street or public right -of --way for a period exceeding five days shall be
considered abandoned. Any such automobile vehicle that in the judgment of the cede
enforcement officer appears to be abandoned, including parts thereto, shall be removed and
disposed of in a manner set forth by the code enforcement officer.
C. Storage or Parking of Vehicles.
1. In all residential zoning districts, storage or parking of commercial vehicles shall be
limited to one delivery or delivery type vehicle not to exceed eight thousand pounds
GVW (gross vehicle weight).
Times New Roman, 12 pt
Formatted: Font: (Default) Times New Roman, 12 pt
In any rear yarn may De on any Type of surtaee _ _ .- Formatted: Font: (Default) Times New Roman, 12 pt
3 _;_ . �..
_o:_.a:.._..sefftbi.. �„
a:e__:_ _ Font colo r. Auto, Not Expanded by/Condensed by,
efeeess of being AdOSed of _,_h.._n.... .._i,.....:_..:a__......,,,.._. OF..:._n...r ..__r_.... Pattern: Clear
AMA. -desteRed-gad onBFB;'P J f6 F 41- Ph BUFF q S � Painting of vehicles is prohibited unless Formatted: Indent: Left: 0.5", Numbered + Level: l +
Numbering Style: 1, 2, 3, ... + Start at 1 + Alignment
inside anaporovedspravbooth" ....._._.. -.-.._ Leh+Allanedat 0.56"+indent at 0.81-
D. Storage of Trailers and Recreational Vehicles. Snowmobiles, boats, motorized vehicles that Formatted: Font (Default) Times New Roman. 12 pt
are incapable of being legally operated on a public street, or other recreational vehicles and
campers, camper trailers or motor homes, and utility/sport trailers whose namufactweFs
speeifleatimts do Hot exeeed ton feet in width md twefa5 seven feet in length shall be parked
or stored as follows:
Ordinance No. 021.04 LMC Title 8 Health and Safety Amendments
1. In rear yards; or
2. In side yards, providing that the following conditions are met:
a. The property does not have public alley access or other reasonable access to the rear
yard,
b. The side yard area to be used for such parking or storage has a prepared surface of
gravel, asphalt, or concrete,
c. The unit shall not be parked any nearer than three feet from the side lot line or five
feet from any door, window, or other opening of a dwelling which provides light, air,
entrance to, or exit from the dwelling as needed to preserve the health, safety, and
general welfare of the occupants of the dwelling, and
d. For purposes of this section, the side yard of a comer lot, which is adjacent to the
street, is regarded as a front yard and no such parking or storage is allowed.
3. Trailers may be parked in the street if attached to a towing unit and complying with
parking ordinances.,-
4.
rdinances_;4. It is unlawful for any person or firm to park or store such vehicles in any front yard.
5. It is unlawful to occupy campers, camping trailers, or motor homes for living or sleeping
purposes for longer than five ten consecutive days.
a. Campers camper trailers and motorhomes shall not be connected to the city sewer
system.
E. ca,.-..ge of Salvage. o............._a _pen sterage ,.a.....age, inoperable _hie _
famitufe, applq�oes, used oil, ems, OORWROFS, BF OthOF 8118481 Shall Rat be Peffai(48d in any
wfeelEifig), �'hieh May be
' r.,._.. .. _h m
_ ... , the _ n...... of pe
d' r ...,.a_ the,. _
..vY e may J «gyp HMOFO OROp
the -let $rea
E6.
area.
Exception lumber may be stored in the rear Yard covering no more than one Percent of the lot
Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments
Formatted: Highlight
F Inoperable Vehicle or Junk Vehicle Storage parking or leaving any inoperable vehicle or funk vehicle
shall not be permitted in any district This section shall not apply ta
1 Vehicles stored in coniunction with a business lawfully operated in nonresidential zoning districts
Where the storage of such materials is necessary to the operation of the business or
2 An automobile or part thereof which is completely enclosed within a building in a lawful manner------ Formatted: listl
and where it is not visible from the street or other oublic or private Property.
1
G. Any person who allows a Ada1, opt
nuisance as set forth in this chapter to exist shall be notified
that the nuisance must be removed within ten days after the receipt of the notice. If the
nuisance continues to exist after that time, the person shall be guilty of a violation of this
chapter and shall be punishable as set forth in Section 8.12.100. Such person shall be guilty
of a separate offense for each day after the ten-day period that the nuisance continues to exist.
- - --j Formatted: Normal, No bullets or numbering
Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments
8.12.040 — — PROHIBITION AGAINST COMMUNITY DECAY OR NUISANCES.
B. Definitions.
I. "Agency" means the city or department designated by the city to enforce the community
decay ordinance.
b "Community decay' means a public nuisance created by allowing rubble debris funk or
5 'Person" means an individual, firm Partnership company, association group corporation
city, town, or any other entity whether organized for profit or not.
6 'Public view" means community decay which is visible ordetectable or noticeable from any
point above the surface of the public street or right of way.
7 'Shielding" refers to fencing, screening or other aooroved man-made or natural barriers
that conceal oroperty from public view. Any shielding must conform to all local zoning
planning, building and municipal code provisions. This is not intended to require approved
permanent buildings or other approved appurtenances thereto to be shielded.
R "Uncared for Vegetation" means vegetation exceeding 8 inches above soil level other than
trees, shrubs, cultivated flowers. or gardens.
C. Public nuisances include but are not limited to the following;
I. To cause or suffer the carcass of any animal or any offal filth or noisome substance to
be collected or to remain in any place in the city, or to the oreiudice of others
Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments
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5. Creating a hazard on any premises for more than twenty-four (24) hours
Z Allowing uncared for vegetation to remain on lot boulevard or abutting alleyway or street
Commented [KC21: This was addressed In the section
it is a tir nuisainee fop a ,. neirsen te i. of _ or l - � �� � ,�,r. that was deleted and therefore needs to come back out
n my
le
11050 N.,:..,,,, -„....r,..... _.._..
A. 12.05860 -Public nuisance.
The City of Laurel has a right of entry when necessary to perform an inspection or to enforce
Commented [KC31: This was also addressed in section
that had been deleted
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The enumeration, below, shall not be deemed exclusive, but merely illustrative, it being the----- Formatted: Indent: Left: 0"
intent and purpose of this subsection to include as nuisances. all actions or things of the character
described in subsection (RfaA), above.
I. Accumulating, maintaining or storing in public view on any lot or other parcel of
land, any abandoned, discarded, or unused fumiture, stoves, sinks, toilets, cabinets,
such a business;
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3. Dumping_ piling, or stacking of bricks, concrete blocks, waste wood and similar
infested or inhabited by rodents, reptiles, vermin or wild animals or may furnish a
breeding Place for mosquitoes or flies:
6. Fire or other casualty damage in Public view which remains unrepaired for a Period
exceedinp six months:
A building which is undergoing construction or remodeling for which a valid --- Formatted: Indent Lett 1'
building permit has been issued by the city shall not be deemed in violation of
this subsection so long as work thereon is prosecuted with reasonable diligence
and so long as the building permit has not expired.
B. Any premises where persons gather for the purpose of engaging in unlawful conduct:
C. A condition which renders dangerous for passage any public highway or right-of-way or
waters used by the public.
W. It is a public nuisance to build or maintain an outside toilet within the city limits
Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments
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Commented I(C4): This needs to be deleted as it Is
already addressed in Tale 13 (Ordinance 021-01) adopted in
January. 2021
Commented
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Commented tKC61: Deleted because It was addressed in
8.12.000 C. 3. above
purposes of this chapter.
___... f Formatted: Highlight
E. Any act which affects an entire communitX or neighborhood or any considerable number of _ ...---f Formatted: Highlight
persons (as specified in subsection (a)(1) of this section) is no less a nuisance because the
extent of the annoyance or damage inflicted upon individuals is unequal
8.12.060 - 8.12.070 – Reserved.
8-12-100 - Penalty
B. The court may order that in the city be authorized to abate the public nuisance if the
property owner or occupant fails to do so, and that the costs incurred by the city in abating said
nuisance shall be assessed to the real property and taxed as a special assessment against the
same. Interest shall accrue at the rate of ten percent per annum from the date of the court's
order.
C Each day of failure to comply with the provisions of this chapter shall constitute a separate
offense.
State Law reference— MCA 7-5-4207.
8.12.110 - Abatement and collection of costs.
The remedies specified in this section shall be in addition to all other remedies provided by
law. When a public nuisance has not been voluntarily abated within the time specified in the notice
to abate, the following procedure shall apply.
(1) The city may brine an action in the city court to have the nuisance declared as such by
the court and for an order enjoining- the public nuisance or authorizing its restraint,
removal, termination or abatement by the owner or the person who caused the nuisance
or the person who allowed the nuisance to be caused or to continue, or an administrative
officer, his authorized representative, a police officer, a code enforcement officer. a
Ordinance No. 021.04 LMC Title 8 Health and Safety Amendments
community service officer or any person under contract with the city to perform such
services.
for civil cases.
(3) Upon the filing of the complaint in such action, the iudee may issue a temporary iniunction.
(4) In such action evidence of the general reputation of the premises is admissible for the
purpose of proving the existence of the nuisance.
(5) If the existence of the nuisance is established, an order of abatement shall be entered as
part of the iudgment in the case. The iudee issuing the order may, in his or her discretion
or
(a) confiscate all fixtures used on the premises to maintain the nuisance and either sell
them and transmit the proceeds to the city general fund. destroy them, or return them to
their rightful ownership;
(b) close the premises for any period not to exceed I year during which period the
premises shall remain in the custody of the court
(c) allow the premises to be opened upon posting bond sufficient in amount to assure
compliance with the order of abatement The bond shall be forfeited if the nuisance is
continued or resumed.
(d) arty combination of the above.
cause shown.
(7) The respondent shall file a response on or before the appearance date set forth in the
notice of anpearence.
(8) Upon the date and at the time set for appearance and trial, if the respondent has filed no
response and fails to appear and if the city proves that proper service was made on the
respondent at least twenty-one days prior to the appearance date, the court may grant such
orders as are requested by the city: except that, the court shall order that enforcement by
default and judgment entered thereon
(9) The1udgment of the city court may be appealed to the district court
Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments
(10) The procedure for determining the cost of abatement of a public nuisance will be as
follows:
a. Code enforcement staff will secure a contract for removal of the nuisance by
following the usual city procurement process.
b. Code enforcement staff will coordinate the abatement project with contractor, and
oversee the work being performed.
c After the city mayor or his designee and the code enforcement staff have approved
the final bill it will be forwarded to the city finance department for Payment
d._ A copy of approved bill(s) and Proof of disbursement is placed in the code
enforcement file maintained by code enforcement staff. These documents, along with
the itemized abatement expense report are used to determine the total cost of
abatement for the property. Costs that may be included on the abatement expense
report are shown in subsection (7) h below. The abatement expense report is then
certified and transmitted to the finance department for approval of assessment on the
real property being abated.
e. The property owner will then he sent an abatement expense report for the subiect
propertv and be given notice that any assessment that is not paid shall become a lien
upon the property and is enforceable in the same manner as nonpayment of property
taxes. The interest fee will be waived for any payments made within thirty days of
notice.
f A summary listing of the assessments, tax codes, and property owners will be key
by the clerk and recorder through August 31st of each vcaL and the list shall be
presented to the department of revenue for billing on the next real property tar
statement.
P. A special abatement fund will be established to account for costs. collections, and
transactions necessary to the efficient operation of the program Assessment funds
collected are retumed to the designated abatement account for future use on other
involuntary property abatements or for transfer back to the city general fund
h The city shall determine the actual costs of cleanup and involuntary abatement
actions and document such costs The following. expenses will be assessed as the
actual costs of abatement of a nuisance condition:
1. Code Enforcement staff time/mileage/other costs
2. Police department staff time/mileage
3. Other involved city staff time/mileage/other cost
4. Postage/mailing costs
5. Other direct costs associated with abatement.
6 The statutory judgment interest rate of ten percent per annum computed on
above costs which will be waived if the total cost of abatement is paid by the
property owner within thirty days of notice.
Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments
i. The code enforcement staff has the discretion to coordinate and incur reasonable
thousand dollars are incurred.
Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments
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January, 2021 and should not have been added back Into
this Ordinance as it is part of Tine 13.
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Ordinance No. 021.04 LMC Tide 8 Health and Safety Amendments
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Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments
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O Iat.SRM...... T..... 1....1_...1 C.H. de .._..
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Ordinance No. 021.04 LMC Title 8 Health and Safety Amendments
Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments
plaeo in ek,esy sleeping foam of ever), hotel, rooming house, tatiFist home, tiook eouft eF
, .........._: Commented [KCB]:
Chapter 8.24 - NOXIOUS WEEDS
Sections:
8.24.010 - Definition.
'Noxious weeds" means
8.24.020 - Prohibited.
No owner eeewnefs of anyan rcellot, p4nee or area within the city, or agent of such owner , -Of
ewaefs, shall permit noxious weeds on such parcellet, plooe or area and one-half of any road a, Ileo
or street lytngabuttine --thereon, The existence of such noxious weeds
shall constitute a public nuisance.
8.24.030 - Notice to destroy.
Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments
A. Whenever noxious weeds are found to exist upon any premises within the city, the city shall
notify the owner of the property or, if no such person can be found, the person in control of
the premises.
B. The notice shall state that the existence of such noxious weeds constitutes a public nuisance,
and shall order the owners, or persons in charge, to exterminate or remove all such weeds on
any oarcellet,-pluee or area within the city limits and upon one-half of any adjacent road
street, or feadalley. The notice shall further inform such property owners, or their agents, that
upon their failure to remove or exterminate such weeds within a specified time, the city may
proceed to have such weeds removed or exterminated and assess the cost thereof to the
property involved.
C. Personal notice of the order shall be served. In case personal service cannot be obtained, then
the notice shall be published in a premirau *prominently displayed advertisement, once a
week for two weeks in a newspaper in the city, or if no such paper exists, in a newspaper
within the county. The last date of publication shall be not less than seven days prior to the
date upon which the city shall commence the removal of weeds from such property.
8.24.040 - Noncompliance—City, action.
Upon the failure, neglect or refusal of any owner or owners, or agent thereof, to exterminate
or remove noxious weeds growing, 4ykigtying,or located upon the property of the owner or upon
one-half of any road aI, lev, or street lyin6:.xa-;aabuttine the lands -parcel before the date specified
in the notice, the eRgiRee- Of _theF -O - --'b _ -ity official may exterminate or remove such
noxious weeds. Such official shall report to the city clerk -treasurer the cost of such extermination.
The city clerk -treasurer shall make an additional charge of ten percent to cover administrative
costs. The total costs shall be assessed against the 10tOFof land from which or adjeaRting
abutting road, street, or alley which the noxious weeds have been exterminated or removed. The
city clerk -treasurer shall cause the aforesaid costs to become a lien against the property involved.
8.24.050 - Violation—Penalty.
Any person violating a provision of this chapter shall, upon complaint and conviction thereof,
be punished by a fine not exceeding five hundred dollars.
[`hapta-828 nonmorrmwi nGAD48TCOMMUNITY
S.PtoortT
Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments
Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments
-"" Formatted: Namnal
Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments
This Ordinance shall become effective thirty (30) days after final passage by the City Council
and approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on
September 28, 2021, by Council Member Wilke.
PASSED and ADOPTED by the Laurel City Council on second reading this 12" day of
October 2021, upon motion of Council Member McGee.
APPROVED BY THE MAYOR this 12" day of October 2021.
17 OF LAUREL
as C. Nelson, M, r
ATTE
Bethany Langve, Cler easur
APPROVED . ORhS�
Sam Painter, City tt
Ordinance No. 021-04 LMC Title 8 Health and Safety Amendments