1996-01BILL NO. 1996-1
AMENDMENT TO CHAPTER VIII
"STREETS, ALLEYS AND PUBLIC GROUNDS"
OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD
BY ADDING A NEW SECTION RELATED TO
PRIVATE USE OF BOULEVARDS
THE CITY OF RICHFIELD DOES ORDAIN:
Chapter VIII of the ordinance code of the City of Richfield entitled "Streets, Alleys
and Public Grounds" is hereby amended by adding the following:
Section 811 -Private Use of Boulevards
811.01. Boulevard defined. 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 rip vately owned land.
811.03. Maintenance responsibility. A private property owner is responsible for
maintenance of the boulevard directly abutting the owner's property. Such
maintenance includes. but is not limited to. mowing grass and removing weeds.
811.05. Private use of boulevards. With a boulevard. nothing shall be erected.
placed. planted. or allowed to grow except the following,_
(a) grass and/or flowers (non-noxious varieties only:
(b) trees authorized under Section 810 of this code:
(c) excavations for installation of essential services. driveways. and curb cuts
(or related improvements) authorized under Section 800 of this code:
(~) those features authorized under Section 811.07 of this code: and
(e) those improvements erected. placed. or planted on the boulevard b~, or
under contract with:
l1) the City;
(2~ Hennepin County along County owned roads: or
(3) Minnesota Department of Transportation along State owned roads.
811.07. Certain features. Subdivision 1. The Ci~.y realizes that in certain
instances a rip vate pro er owner may wish to erect. place. or plant certain
features within the boulevard abutting their land. Such features include. but are
not limited to. fences. retainina walls. privacy walls. hedges. berms. sidewalks.
pavement,~planters. statues. irri- atq ion systems. rock and landscaping
(hereinafter "feature"~.
Subdivision 2. Permit required. No person shall erect. place. or plant any
feature within a boulevard abuttin tq heir private proper without first
obtaining a permit from the Community Services 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 CitX. If
the abutting boulevard is owned by Hennepin County or the Minnesota
Department of Transportation. a permit may also be required by such
jurisdiction.
Subdivision 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 and proposed feature. as
well as a written description of the materials and construction methods to be
used.
Subdivision 4. Review of application. The Director may deny any application
if the Director determines that the feature 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 on snow lowing and snow storage:
(b) effect of the feature on public safety. including traffic visibility and
pedestrian safety:
(c) effect of the feature on public land and public or private utilities: and
(d) the public necessity and utility of the feature and the availability
alternate locations for the feature.
To appeal the denial of a permit application. the aggrieved applicant must
submit a written request for hearing to the City Manager within seven 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 CitX
Manager. the Director of Public Safety. and the Director of Community
Development. or their designates. The decision of the appeal ,panel is final.
Subdivision 5. Permit revocation. The City reserves the right to revoke any
permit at any time.
Subdivision 6. Maintenance of feature. The abutting landowner shall be
responsible for the maintenance of any feature located within the boulevard.
Subdivision 7. Damage to or by feature. The City will assume no
responsibility and the abuttinq landowner shall assume all responsibility for
any damage caused to or by any feature located within the boulevard.
BILL N0. 1996-1
Subdivision 8. Removal reauirement. Any feature 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
propert~in accordance with Minnesota Statutes, Chapter 429 or other
aaalicable law.
Passed by the City Council of the City of Richfield, Minnesota this 8th day of
January, 1996.
5 ~; e
Martin J. Kirsch, Mayor
ATTEST:
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Thomas P. Ferber, City Clerk
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STATE OF MINNESOTA)
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COUNTY OF HENNEPIN)
Donald W. Thurlow
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SurrQxrart sirrFUSt~ sirrsMlor~
AFFIDAVIT OF PUBLICATION
being duly sworn on an oath says that he/she is
the publisher or authorized agent and employee of the publisher of the newspaper known as
Sun -Current ,and has full knowledge of the facts
which are stated below.
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable
laws, as amended.
(B) The
Bill No. 1996-1
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for o n ~ successive weeks; it was first published
n W e d n e s d.a y ,the 17 day of J a n u a r y 1 9 9 6 ,and was thereafter
rinted and published on every to and including
the day of , 19 ;and printed below is a copy of
the lower ease alphabet 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
abcdefghijklmnopgrstuvwxyz
BY:
TITiF~ Publisher
Acknowledged before me on this
17 day of January , 19 96.
Notary Public
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.15 der line
for comparable space
(2) Maximum rate allowed by law for the above matter $ 5.95 per line
(3) Rate actually charged for the above matter $ 1.09 per line
Public Notice
(OfFcial Publication)
BILL NO. 1996-1
AMENDMENT TO CHAPTER VIII
"STREETS, ALLEYS AND PUBLIC GROUNDS"
OF THE ORDINANCE CODE OF THE
CITY OF RICHFIELD
BY ADDING A NEW SECTION RELATED TO
PRIVATE USE OF BOULEVARDS
THE CITY OF RICHFIELD DOES ORDAIN:
Chapter VIII of the ordinance code of the City of Rich-
field entitled "Streets, Alleys and Public Grounds" is here-
by amended by adding the following:
Section 811 -Private Use of Boulevards
811.01. Boulevard defined. Far 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
(b) trees authorized under Section 8]0 of this
co~le~
(c) excavations for installation of essential
services. driveways. and curb cuts (or related
imnrovements) authorized under Section 800
of this code:
(d) those features authorized under Sectiga
811.07 of this code: and
(e.) those imnrovements erected, placed. ar
planted on the boulevard bv. or under contract
with:
(1) the Citv:
(2) Hennenin County alone County awned
Subdivision 8. Removal requirement. Anv fea-
ture not holding a valid Hermit is deemed to be a
public nuisance and is subiect to abatement ac-
cordin~ to Subsection 925.07 of this code The Citv
may bill the property owner for the cost of abate-
m nt or a s th o f of a at m nt amain t h
abutting property in accordance with Minnesota
Statutes. Chanter 429 or other applicable law
Passed by the City Council of the City of Richfield, Min-
nesota this 8th clay of January, 1996.
MARTIN J. KIRSCH, Mayor
ATTEST:
THOMAS P. FERBER, City Clerk
(Jan. 17, 1996) D296-1 -RICH
owned by Hennenin County or the Minnesota De-
partment of Transportation. a Hermit may also be