2007-22
BILL NO. 2007-22
AN ORDINANCE AUTHORIZING A FEE FOR
REPEAT CALLS TO PROPERTY FOR NUISANCE CONDUCT
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Section 925 of the Richfield City Code is amended by adding a new section
925.13 to read as follows:
925.13. Repeat Nuisance Call Fee. Subdivision 1. Purpose. The purpose of this section
is to protect the public safety, health and welfare and to prevent and abate repeat calls by
the City to the same property or location for nuisance conduct, as defined herein, which
prevent police or public safety services to other residents of the City. It is the intent of the
City by the adoption of this Section to impose and collect fees from the owner or occupant,
or both, of property to which City officials must repeatedly respond for any repeat nuisance
event or activity that generates extraordinary costs to the City. The fee is intended to
cover that cost over and above the cost of providing normal law or code enforcement
services and police protection city-wide.
Subd. 2. Scope and application. This Section applies to all owners and occupants
of private property which is the subject or location of repeat calls by the City. This Section
applies to any repeat calls made by a City of Richfield peace officer, or community service,
animal control and code enforcement officers.
Subd. 3. Definition of nuisance conduct.
(a) For purposes of this Section, the term "nuisance conduct" means any activity,
conduct, or condition occurring upon private property within the City that
unreasonably annoys, injures or endangers the safety, health, morals, comfort or
repose of any member of the public; or will, or tend to, alarm, anger or disturb
others or provoke breach of the peace, to which the City is required to respond,
including, but not limited to the following:
(1) Any activity, conduct, or condition deemed as a public nuisance under
any provision of the City Code;
(2) Any activity, conduct, or condition in violation of any provision of
Section 925 of the City Code;
(3) Any activity, conduct, or condition in violation of Sections 511.21, 601,
905, 930, 1320, or 1325 of the City Code;
(4) Any conduct, activity or condition constituting a violation of Minnesota
state laws prohibiting or regulating prostitution, gambling, controlled substances,
use of firearms; and
(5) Any conduct, activity, or condition constituting disorderly conduct
under Chapter 609 of Minnesota Statutes.
Subd. 4. Repeat call fee.
(a) The City may impose a repeat call fee upon the owner or occupant of private
property if the City has rendered services or responded to the property on three (3) or
more occasions within a period of 365 days in response to or for the abatement of
nuisance conduct.
(b) The repeat call fee will be an amount as set forth in Appendix D of the City
Code. The City may impose an additional fee for each call in excess of three (3) within a
period of 365 days.
(c) A repeat call fee imposed under this Section will be deemed delinquent if it is
not paid within 30 days after the City mails the billing statement for the fee. The City will
add a ten percent late penalty to a delinquent payment.
Subd. 5. Notice. No repeat call fee may be imposed against an owner or occupant
of property without first providing the owner or occupant with written notice of the two
previous nuisance calls which are the basis for the fee. The written notice must:
(a) identify the nuisance conduct that previously occurred on the property, and
the dates of the previous nuisance conduct; and
(b) state that the owner or occupant may be subject to a repeat call fee if a third
repeat call is rendered to the property for nuisance conduct; and
(c) state that the City has the right to seek other legal remedies or actions for
abatement of the nuisance conduct or compliance with the law; and
(d) be served personally or by U.S. Mail upon the owner or occupant at the last
known address.
Subd. 6. Riqht to appeal.
(a) When the City mails the billing statement for the repeat call fee, the City will
inform the owner or occupant of their right to request a hearing.
(b) The owner or occupant upon whom the fee is imposed must request a
hearing within ten (10) business days of the mailing of the billing statement, excluding the
day the statement is mailed. The request for a hearing must be in writing and delivered to
the City Clerk or the Clerk's designee. The hearing will be scheduled within 21 days of
the date of the request. If the owner or occupant fails to request a hearing within the time
and in the manner required under this Section, the right to a hearing is waived.
(c) The hearing will be conducted by a hearing officer in an informal manner.
The Minnesota Rules of Civil Procedure and Rules of Evidence will not be strictly applied.
After considering all evidence submitted, the hearing officer will make written Findings of
Fact and Conclusions regarding the nuisance conduct and the imposition of the repeat call
fee. The hearing officer will serve the Findings of Fact and Conclusions upon the owner or
occupant by U.S. Mail within five days of the hearing.
(d) If the owner or occupants fails to appear at the scheduled hearing date, the
right to a hearing is waived.
(e) Upon waiver of the right to a hearing under paragraphs (b) or (d), or upon
service of the hearing officer's Findings of Fact and Conclusions that the repeat call fee is
warranted, the owner or occupant must immediately pay the fee imposed.
Subd.7. LeQal Remedies Nonexclusive. Nothing in this Section will be construed to
limit the City's other available legal remedies, including criminal, civil, injunctive or others,
for any violation of the law which may constitute nuisance conduct.
Subd. 8. Exceptions. The City may not impose a repeat call fee against an owner
or occupant for a police response relating to emergency assistance, including, but not
limited to, domestic, spousal and child abuse.
Subd. 9. Recovery of Fee.
(a) If a repeat nuisance service fee is not paid within thirty (30) days after the
billing statement is sent by the City, it will constitute:
(1) a lien on the real property upon which the violation occurred if the
property or improvements on the property was the subject of the nuisance
conduct; or
(2) a personal obligation of the owner or occupantin all other situations.
(b) A lien may be assessed against the property and collected in the same
manner as'taxes. '
(c) A personal obligation may be collected by appropriate legal means.
Sec. 2. This ordinance shall be effective in accordance with Section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 27th day of
November 2007. ~ ~__
Debbie Goettel, Mayor
ATTEST:
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper known as
Richfield Sun-Current
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. S331A.02, S331A.07,
and other applicable laws as amended.
(8) The printed public notice that is attached
was published in the newspaper once
each week, for _..9J::l~__ successive
week(s); it was first published on Thurs-
day, the ~ day of December ,
2007, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
, 2007; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefg hi j kl mnopq rstuvwxyz
~
CFO
Subscribed and sworn to or affirmed
before me on this ~ day of
4embe'&7~
, /t ___
~ Notary Public
.
MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1-3H19
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users $ 2.85 per line
for comparable space
(2) Maximum rate allowed by law
$ 6.20 per line
(3) Rate actually charged
$ 1.30 per line
City of Richfield
(Official Publication)
SUMMARY PUBLICATION
BILL NO. 2007-22
AN ORDINANCE AMENDMENTTO CITY CODE
SECTION 925 AUTHORIZING A FEE FOR REPEAT
CALLS TO PROPERTY FOR NUISANCE CONDUCT
ADDING NEW SECTION 925.13
The purpose of this amendment is to establish a fee
for repeat calls to the same property or location for activ-
ity or conduct deemed as a public nuisance under any pro-
vision of City Code, Sections 925, 511.21, 601,905, 930,
1320 or 1325. A fee will be imposed upon the owner or
occupant of the private property if the City has rendered
services or responded to the property on three (3) or more
occasions within a period of 365 days in response to or for
the abatement of nuisance conduct. Violations of Min-
nesota State Laws prohibiting or regulating prostitution,
gambling, controlled substances, use of firearms and dis-
orderly conduct under Chapter 609 of Minnesota Statutes
would be subject to fees under this ordinance.
Copies of the ordinance are available for public in-
spection in the Public Safety Department, Police Division,
during normal business hours or upon request by calling
Lt. Todd Sandell at 612/861-9835.
Adopted by the City Council of the City of Richfield,
Minnesota this 27th day of November 2007.
/S/
Nancy Gibbs, City Clerk
(Dec. 6,2007) d2-Bill 2007-22