2013-11 BILL NO. 2013-11
AN ORDINANCE RELATING TO PRIVATE USE OF BOULEVARDS AND
UNOPENED RIGHTS-OF-WAY; AMENDING SECTION 811
OF THE RICHFIELD CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 811.01 is amended to read as follows:
811.01. - Boulevard defined. Purpose and Intent.
owned--land.
The City wishes to permit private parties to make certain improvements within
city boulevards or unopened rights-of-way as authorized by the Public Works Director,
while striving to keep City rights-of-way in a state of good repair and free from
unnecessary encumbrances.
Sec. 2. A new subsection 811.02 is added to read as follows:
811.02. Definitions.
(a) For the purposes of this section, a boulevard means that area within the
public right-of-way, located between the back of street curb and the nearest lot line of
privately-owned land.
(b) For purposes of this section, an unopened right-of-way means any area in
which the city has an easement for street or alley right-of-way but that the city has not
opened to public travel.
Sec. 3. Subsection 811.03 is amended to read as follows:
811.03. Maintenance responsibility.
A private property owner is responsible for maintenance of the boulevard or unopened
right-of-way directly abutting the owner's property. Such maintenance includes, but is
not limited to, mowing grass, watering, and removing weeds.
Sec. 4. Section 811 is amended by adding a new Subsection 811.06 to read as
follows:
811.06. — Private use of an unopened right-of-way.
Within an unopened right-of-way, nothing shall be erected, placed, or installed
except for private improvements as authorized by subsection 811.07 of this code.
Sec. 5. Subsection 811.07 is amended to read as follows:
811.07. Certain features private improvements.
Subd. 1. Definition of private improvement. The City realizes that in certain
instances a private property owner may wish to erect, place, or plant certain
f atures private improvements within the boulevard or unopened right-of-way
abutting their the owner's land. Such features private improvements include,
but are not limited to, ornamental fences, - - - - - , _ • - - - ,
hedges, berms, sidewalks, driveways, pavement, planters, statues, irrigation
systems, rock and landscaping (hereinafter"feature" "private improvement").
Private improvements shall not include any permanent features such a
concrete foundation or other feature requiring major removal efforts.
Subd. 2. Permit required. No person shall erect, place, or plant any featurc
private improvement within a boulevard or unopened right-of-way abutting their
private property without first obtaining a permit from the Community Services
Public Works Director. In addition, any existing feature which does not hold a
valid permit shall require a permit at the time of any reconstruction or repair, or
earlier if required by the City. If the abutting boulevard is owned by Hennepin
County or the Minnesota Department of Transportation, a permit may also be
required by such jurisdiction.
Subd. 3. Application and fee. A person requesting a permit under this
subsection shall submit an application on forms provided by the City, together
with the fee established in appendix D. The application shall be accompanied
with scale drawings of the boulevard or unopened right-of-way and the
proposed feature private improvement, as well as a written description of the
materials and construction methods to be used.
Subd. 4 Review of application. The Director may deny any application if the
Director determines that the feature private improvement would cause, or
could cause in the future, any inconvenience to the public. In review of an
application, the Director considers factors including, but not limited to, the
following:
(a) Effect of the feature private improvement on snow plowing and snow
storage;
(b) Effect of the feature private improvement on public safety, including traffic
visibility and pedestrian safety;
(c) Effect of the f aturc private improvement on public land and public or
private utilities; and
(d) The public necessity and utility of the feature private improvement and the
availability of alternate locations for the feature private improvement.
To appeal the denial of a permit application, the aggrieved applicant must
submit a written request for hearing to the City Manager within seven (7) days
following receipt of the decision of denial. Appeals will be heard within 30
days after receipt of the written request by a panel consisting of the City
Manager, the Director of Public Safety, and the Director of Community
Development, or their designates. The decision of the appeal panel is final.
Subd. 5. Permit revocation. The City reserves the right to revoke any permit
at any time and for any reason. If the permit is revoked, the property owner
has 60 days to remove the private improvement.
Subd. 6. Maintenance of feature private improvement. The abutting
landowner shall be responsible for the maintenance of any feature private
improvement located within the boulevard or unopened right-of-way.
Subd. 7. Damage to or by featur private improvement. The City will
assume no responsibility and the abutting landowner shall assume all
responsibility for any damage caused to or by any feature private
improvement located within the boulevard or unopened right-of-way.
Subd. 8. Removal requirement. Any featucc private improvement not
holding a valid permit is deemed to be a public nuisance and is subject to
abatement according to subsection 925.07 of this code. The City may bill the
property owner for the cost of abatement or assess the cost of abatement
against the abutting property in accordance with Minnesota Statutes, chapter
429 or other applicable law.
Subd. 9. Conditions. A person requesting a permit under this subsection must:
(a) Accept all of the terms of this subsection;
(b) Commence and complete the private improvement within the time
specified in the application; and
(c) Make such private improvement at the person's own sole expense
without any expense of any kind to the City.
Section 6. This Ordinance is effective in accordance with Section 3.09 of the
Richfield City Charter.
Adopted this 11th day of June, 2013.
By(
>t_ib2a.
Deb ie Goettel, Mayor
ATTEST:
• r.
Nancy Gibbir ity Clerk
City of Richfield
(Official Publication)
SUMMARY PUBLICATION
'`' ORDINANCE NO.2013-11
,mad
AN ORDINANCE RELATING TO PRI-
..?4z �Q P— p VATE USE OF BOULEVARDS AND UN-
AMENDING SECTION T8101 OF THE
RICHFIELD CITY CODE.
AFFIDAVIT OF PUBLICATION This summary of the ordinance is pub-
lished pursuant to Section 3.12 of the
STATE OF MINNESOTA ) Richfield City Charter.
The purpose of the code amendments
)SS. is to allow private parties to make cer-
COUNTY OF HENNEPIN ) tain limited improvements within city
boulevards and unopened rights-of-
Jeremy Bradfield, being duly sworn on an ways as authorized by the Public
Works Director. The amendments also
oath, states or affirms that he is the include clarification of the restriction of
Advertising Director of the newspaper(s) permanent fencing,retaining walls and
any other features that may cause an
known as unnecessary encumbrance within the
City boulevard or right-of-way or re-
Richfield Sun-Current quire major removal efforts.
Copies of the ordinance are available
for public inspection in the Public
Works Department during normal busi-
and has full knowledge of the facts stated nest hours or upon request 5. calling
g Kristin Asher at 612-861-9795.
below: BE IT FURTHER RESOLVED,that the
(A)The newspaper has complied with all of City Clerk is directed to keep a copy of
the requirements constitutin g q ualifica- the poudc a nncse p ein c oen r oaffnd toatpoCsittyaHf uall
tion as a qualified newspaper as provid- copy of the ordinance in a public place
ed by Minn. Stat. §331 A.02, §331A.07, in the City for a period of two weeks.
and other applicable laws as amended. Adopted by the City Council of the City
of B The printed public notice that is at- May, Minnesota this2athaayof
( ) p p May,2013.
tached was published in said newspa- /s/Nancy Gibbs,City Clerk
per(s) once each week, for one suc-
cessive week(s);it was first published on (Jun.20,2013)D2-Ord2013-11
Thursday, the 20 day of
June , 2013, and was there-
after printed and published on every
Thursday to and including Thursday,the
day of , 2013;
and printed below is a copy of the lower
case alphabet from A to Z, both inclu-
sive, which is hereby acknowledged as
being the size and kind of type used in
the composition and publication of the
notice:
abcdefghijklmnopqrstuvwxyz
BY: "-'"rA '' 1.----/
Advertising Director
Subscribed and sworn to or affirmed
before me on this 20 day of
June ,2013.
69---6.-72A, _.0,76.,/,—,-16-C.-1--4---i-
Notary Public
JULIA I. HELKENN
Fd k NOTARY PUBLIC-MINNESOTA
c -P My Comm.Exp.Jan.31,2015