HomeMy WebLinkAboutOrdinance No. O12-02 ORDINANCE NO. 012-02
AN ORDINANCE AMENDING CHAPTER 8.12 TITLED "NUISANCES"
LOCATED AT TITLE 8 OF THE LAUREL MUNICIPAL CODE.
WHEREAS, the City Council desires to keep the Laurel Municipal Code current and enforceable
by modifying sections and/or eliminating sections no longer in use; and
WHEREAS, the City's staff identified issues in Sections 8.12.100 and 8.12.110 that needs
modification by the City Council in order to properly enforce the City's nuisance ordinances; and
WHEREAS, the City Council has determined that adopting the suggested amendments is in the
best interest of the City of Laurel follows:
Chapter 8.12
Nuisances
Sections:
8.12.010 Ice, snow, slush on sidewalks.
8.12.020 Lawn irrigation.
8.12.030 Abandoned vehicles, storage or parking of vehicles, storage of trailers and recreational vehicles,
storage of salvage, inoperable vehicles or junk vehicles.
8.12.040 Noisome substances.
8.12.050 Offensive matter on premises prohibited.
8.12.060 Liquids allowed to become nauseous prohibited.
8.12.070 Cellars and drains in offensive condition.
8.12.080 Animal enclosures.
8.12.090 Outside toilets.
8.12.100 Penalty—Abatement. Abatement and collection of costs.
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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.
012 -02 LMC 8.12.100 & 8.12.1 10 — Abatement
(1) The city may bring 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 community
service officer or any person under contract with the city to perform such services.
(2) The action to declare and abate a public nuisance shall be brought by the city in the name
of the people of the city, by the filingof a complaint, which shall be verified or supported
by an affidavit. Summons shall be issued and served as provided by state law for civil
cases.
(3) A notice of appearance shall be served with the summons with summons and complaint.
The appearance date shall be not less than twenty -one days from the date of service of the
summons and complaint. The trial shall be held upon the appearance date, unless the court
grants a continuance for good cause shown.
(4) The respondent shall file a response on or before the appearance date set forth in the notice
of appearance.
(5) 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 ( 1) 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 the city be staved for ten days and that a copy of the court's order be mailed to the
respondent at his last known address. Failure to appear on any other date set for trial shall
be grounds for entering a default and judgment thereon against a non - appearing party. For
good cause shown, and prior to enforcement, the court may set aside an entry of default
and judgment entered thereon.
(6) The judgment of the city court may be appealed to the district court.
(7) 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 chief administrative officer 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 be sent an abatement expense report for the subject
property 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 and payments made within
thirty (30) days of notice.
f. A summary listing of the assessments, tax codes, and property owners will be kept
by the clerk and recorder through August 31 of each year, and the list shall be
012 -02 LMC 8.12.100 & 8.12.110 — Abatement
presented to the department of revenue for billing on the next real property tax
statement.
g 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 returned to the designated abatement account tbrfuture use on other
involuntary property abatements or for transfer back to the city general fund.
h. 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 _Planning 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. An interest fee of six (6) percent per annum computed on above costs which
will be waived if the total cost of abatement is paid by the property owner
within (30) days of notice.
i. The code enforcement staff has the discretion to coordinate and incur reasonable
costs and setvices necessary for the sate, effective, and efficient cleanup of
designated involuntary abatement properties. The code enforcement staff will
notify the chief administrative officer before any additional contracted costs in
excess of one thousand dollars (S1,000.00) are incurred.
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 April 3, 2012,
by Council Member Poehls.
PASSED and ADOPTED by the Laurel City Council on second reading this 1'` day of May, 2012,
upon motion of Council Member Poehls
APPROVED BY THE MAYOR this 1' day of May, 2012.
CITY 0 ' LAI.IRE
K� neth E. Olson, Jr. ''or
A•1 "1•b:S'f:
a
Shirley Ewan, Clerk - Treasurer
A ► ved as t( Ort11.
Sam ain er, Legal ounsel
Elk River Law Office, P.L.L.P.
012-02 LMC 8.12.100 & 5.12.1 10 Abatement