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11-29-94 agenda• CITY OF RICHFIELD, MINNESOTA TUESDAY, NOVEMBER 29, 1994 SPECIAL CITY COUNCIL MEETING 5:00 P.M. CITY HALL COUNCIL CHAMBERS AGENDA CALL TO ORDER I. PUBLIC HEARINGS REGARDING THE APPEAL BY BRADLEY PIEPER, . OWNER OF BRADLEY EXTERMINATING AT 6237 LYNDALE AVENUE, OF PUBLIC SAFETY'S DETERMINATION OF ILLEGAL SIGN AND INOPERABLE VEHICLE COUNCIL LETTER NO. 320 ADJOURNMENT Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 861-9702. CITY OF RICHFIELD, MINNESOTA Council Letter No. 320 Agenda November 29, 1994 Issue Statement: Public hearings regarding the appeal by Bradley Pieper, owner of Bradley Exterminating at 6237 Lyndale Avenue, of Public Safety's determination of an illegal sign and an inoperable vehicle. Background: Over the past 12 to 18 months, Public Safety, acting on complaints from neighbors, has been attempting to obtain compliance from Bradley Exterminating Company with the City's sign ordinance and inoperable vehicle ordinance. Because staff's efforts with voluntary compliance were at an impasse, charges were filed through the City Prosecutor, charging Mr. Pieper with violating Sections 416.07, and Section 1320.13 of the Richfield City Ordinances. After a series of phone calls and meetings, Mr. Pieper and his attorney pointed out that Section 320 and Section 1320.13 of the ordinance provides for an appeal to the Council. The City Prosecutor, Martin Costello, will present the City's case and it is assumed that Mr. Pieper and/or his attorney will present their appeal. Recommended Motion: The Council, acting as the Board of Appeals, should hear the issues separately and make a determination as to whether the ordinance(s) have been violated. Alternative Recommendation: The Council does not need to render its decision at this meeting. A decision could be provided at another meeting. The City Attorney will be at this hearing providing legal advice to the Council. Discussion/Decision Mode: Conduct two separate appeal hearings as requested by Bradley Pieper and render an opinion. Respectfully submitted, rosser Jame ganager City JDP:cak 0 Richfield City Code 320.01 Section 320 - Uniform Enforcement Procedures 320.01. Application. Subdivision 1. Purpose. The purpose of this section is to provide uniform procedures for the enforcement of the regulations contained in chapter IV and section 915 and in the zoning code, appendix B. Subd. 2. Conflicts. To the extent that the provisions of this section conflict with those of any procedure adopted by reference in chapter IV, section 915 or the zoning code, the provisions of this section control. Subd. 3. Exceptions. This section does not apply to matters governed by the administrative procedures contained in the state building code or the uniform fire prevention code. 1 Subd. 4. Other sections. Where other sections of this code refer to this section the procedures herein shall be followed. 320.03. Definition. For the purposes 'of this section the term "enforcement officer" includes the director of public safety, the director of community development, and the appropriate division heads within those departments. The enforcement procedure set out in this section shall be used by the appropriate enforcement officer in enforcing the regulations to which this section apply. 320.05. Procedure. Subdivision 1. Notice. Whenever the enforcement officer determines that there has been a violation of any one or more provisions to which this section applies, he shall give notice of such alleged violation to the person or persons who are or may be responsible therefor. Subd. 2. Form of notice. The notice shall: (a) be in writing; (b) particularize the violation or violations alleged to exist or to have been committed and the repairs or improvements required to bring the condemned building, dwelling, dwelling unit or rooming unit into compliance with this code; (c) provide a reasonable time, but not less than ten days in any event for the correction of the violation or violations particularized; (d) <.be addressed to and served upon the owner of the property, the owner of the building, the operator of the dwelling, and the occupant of the dwelling unit or the rooming unit concerned, if the occupant is or may be responsible for the violation; and (e) inform persons concerned of their right of appeal under this section. Richfield City Code 320.05, Subd. 3 01 Subd. 3. Service of notice. Service shall be as provided for personal service by the rules of civil procedure for courts of record in Minnesota, or by registered or certified mail, return receipt requested, delivered to the ad- dressee only. If service is made by registered or certified mail, the enforcing officer shall make a record giving details regarding the mailing. If one or more persons to whom the notice is addressed cannot be found or served after diligent effort to do so, service may be made upon such person or persons by posting a notice in a conspicuous place in or about the building affected by the notice, in which event the enforcing officer shall include in a record a state- ment as to why such posting was necessary. 320.07. Imminent hazards: temporary condemnation. Whenever the enforcment officer finds any building, dwelling, dwelling unit or rooming unit which is in violation of any provision of the-Code to which this section is made applicable, and further finds (i) that by reasons of such violation it presents an imminent and serious hazard to public health, or to the physical and mental health of the occupants therein, and (ii) that the repairs or improvements required to remove such hazards do not appear reasonably possible within a time which will be adequate to eliminate such imminent hazard, the written notice of violation shall also state that the premises are dangerous and unfit for human habitation and shall order that such dwelling, dwelling unit or rooming unit be vacated either immediately or after such period of time as the enforcing officer shall find reasonable in view of circumstances, pending the completion of action to eliminate such hazards. In such case the notice shall be served by delivering a copy thereof to any occupant of suitable age and discretion and by posting the same at a conspicuous place upon the structure. In the case of a hazard which affects more than one unit in a multiple residence, service shall be made upon such an occupant of each unit, except that the failure to make service upon an occupant of one unit shall not affect the validity or effect of service of notice upon an occupant of other units. The notice shall also state that persons aggrieved may appeal such notice to the board of appeals by filing a notice of appeal with the clerk and may be heard on such appeal within one week after such filing, as more specifically provided in this section. 320.09. Failure to correct deficiencies. Subdivision 1. Extension. When notice has been given in accordance with this section and the person or persons responsible have failed to correct the deficiencies specified therein within the time allowed, the enforcment officer may in writing upon a showing of good cause, extend the time for correction of the deficiencies; or serve upon the owner and occupant a written notice requiring that such building, dwelling unit, or rooming unit be vacated because unfit for human habitation. Subd. 2. Form of additional notice. The notice shall: (a) particularize the violation or violations which remain uncorrect- ed; and (b) provide a reasonable time, but not less than 30 days, within which to vacate the premises. Such written extension of time or notice to vacate may be served personally or by registered mail in accordance with the procedures set forth in subsection 320.05, subdivision 3. Richfield City Code 320.11 '320.11.,_,Appeals. Any person aggrieved by a notice issued pursuant to this section may, within 15 days after service of the same, appeal therefrom to the board of appeals by filing a written notice of appeal with the clerk. In the case 'of an appeal from a notice to vacate pending elimination of imminent hazards issued pursuant to subsection 320.07, the appeal shall be heard within one week from the time of filing thereof unless the appellant requests a hearing at a later time convenient to him and to the board. In the case of appeals from other notices, the appeal shall be heard at such time as may be established by the board, but the taking of an appeal from a notice other than one to vacate pending the elimination of imminent hazards issued under subsection 320.07 shall, during the pendency of such appeal, restrain the city and its officers from proceeding in any manner to enforce the notice. 320.13. B6a'rd'ofapp6als. The council is the board of appeals. Appeals under this section shall be heard by the board. The manager, the building official, the director of public safety and the fire marshal or marshals shall serve in an advisory capacity as ex-officio members of the board. At a hearing conducted pursuant to this section, the enforcing officer shall present the evidence with respect to the existence of a violation, and 'the appellant and his attorney may call and cross-examine witnesses and make such argument with respect to the facts and law as may be relevant to the alleged violation. The board may obtain the advice of the attorney or his designate in connection with the conduct of the hearing or the action to be taken. The board may act in the absence of any one of its members if such member is not reasonably available, but in no case shall it act without the affirmative vote of any two members. The board may, upon the hearing, affirm in whole or in part or deny the existence of a violation of this part, and, if a violation is found to exist, confirm or modify the corrective action to be taken or the other requiring vacation of the premises and the time allowed therefor. 320.15. Correction of violation by city and assessment of cost. In all cases of violation to which Minnesota Statutes, sections 145.22 to 145.23 are applica- ble, the enforcment officer may proceed as therein provided to abate or remove the violation and, if deemed necessary, to have the cost thereof specially assessed against. the lot or parcel where the violation was located. In suitable cases, said statutory remedies and procedure may be used either concurrently with, or separate from, the procedures prescribed in this section. 320.17. Unlawful to resume occupancy. No building, dwelling, dwelling unit or rooming unit which has been designated as unfit for human habitation and plac- arded as such may again be used for human habitation until written approval is secured from, and such placarding is removed by, the enforcement officer. The enforcing officer shall remove such placard whenever the defect or defects upon which the designation and placarding action were based have been eliminated and the building, dwelling, dwelling unit or rooming unit has been made to conform to the standards established by this part. 320.19. Unlawful to deface placard. It is unlawful for any person to deface, remove, or obscure any placard affixed under the provisions of this section. Richfield City Code 416.05 416.05. Sign installer license. Subdivision 1. License required. No person shall engage in the business of erecting signs until licensed by the city council to do so. No such license shall be required for the erection of signs exempt from sign construction permits. Subd. 2. Application. Application for a sign installer's license shall be made to the city clerk upon such forms as required by the city. The license fee in the amount hereafter provided shall accompany the application. Subd. 3. License fee. The fee for a sign installer's license shall be in the amount provided for in Appendix D of this code. Subd. 4. License period. The licenses issued under this subdivision shall be for an annual basis running from July l through June 30 of the next year. Subd. 5. Bond. No permit shall be issued until the licensee has filed with the city clerk a bond with corporate surety in the sum of $1000. The bond shall guarantee that the licensee will fully and faithfully comply with the provisions of this ordinance and other applicable city ordinances. Subd. 6. Revocation or non-renewal of license. The sign installer's license may be revoked or not renewed for any violation of the requirements of this section. The decision to revoke or not renew a license may be made by the city after notice to the licensee and a reasonable opportunity for the licensee to be heard. 416.07. District requirements. Subdivision 1. Provisions applicable to all districts. (a) Signs prohibited. The following signs are prohibited in all zoning districts of the city: (1) Flashing and motion signs. (2) Roof signs, including temporary roof signs, but excluding promotional display devices. (3) Any sign which obstructs ingress or egress from any fire escape, window or door. (4) Any sign located and maintained on or over any public property except traffic signs and public directional signs, and signs on benches, bus shelters and telephone booths. (5) Any sign located, designed or maintained in a manner which is likely to cause confusion or interfere with the visibility of traffic signs, traffic control devices, crossroads, driveways or crosswalks. (6) Temporary ground sign (portable). (7) Searchlights. (8) Abandoned signs. (b) Signs permitted. The following signs are permitted in all zoning districts of the city subject to all other applicable requirements contained in the code: (1) Temporary signs.