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1972-148111 No. 1972-14 AMENDMENT TO CHAPTER TV, OF THE ORDINANCE CODE OF THE CITY OF RICHFTELD, MINNESOTA CITY OF RICHFIELD DOES ORDAIN: Chapter IV of the Ordinance code of the City of Richfield, Minnesota, relating to the regulation of streets, public ways, roads and places, is hereby amended by adding the following new section: "4.13. REGULATING OF THE PLACING OF OBSTRUCTIONS IN BODIES OF WATER WITHIN THE CITY. Subdivision 1. Policy and Purpose. It is the policy of the City of Richfield to preserve its water resources for the use and benefit of its citizens by: 1) Preventing pollution of such waters by indiscriminate fi11, practices and dumping; 2) Encouraging the conservation of water resources of the community; 3) Maintaining the ecological balance and environmental quality of its water resources by regulations which. recognize public and private rights in the use and enjoyment of such. waters, It is the purpose of this ordinance to regulate those practices which. prevent the implementation of this policy. Subd. 2. Definitions. For purposes of this section, the terms defined herein have the meanings given them. a) "Bodies of Water" means Richfield Lake, Wood Lake, Legion Lake, Mother's Lake, and all other lakes, streams, ponds, wetlands, marshes, water courses, and bodies of water situated in whole or in part within the city, and any lands immediately adjacent to or abutting such bodies of water. b) "Obstruction" means any fill, sand, gravel, soil, or other mater- ial, or any structure which, when placed within or projecting into the body of water for any purpose, does, or tends to, encroach upon the natural boundary of such body of water. ~) "Property Owner" or "Owner" means the fee owner of land, or the beneficial owner of land whose interest is primarily one of possession and en- joyment in contemplation of ultimate ownership. The term includes, but is not limited to, vendees under a contract for deed and mort~a~ors. Subd. 3. Obstruction Prohibited. Except as otherwise provided in this section, no person shall place, or cause to be placed, any obstruction within a body of water within the city. n n Subd, 4. Exceptions. Subdivision 3 does not apply to the following; a, The placing of any obstruction as part of a planned development which has been authorized in accordance with this code; b) An obstruction made in accordance with a permit issued by the Department of Natural Resources of the State of Minnesota for the dredging, ex- cavation, or lake level or shoreline change of a body of water; c) An obstruction placed pursuant to a variance granted in the case of unique hardship to property by the council acting as the board of adjustments_ and appeals pursuant to Section 3.40 of this code. _Subd, 5. Obstructions permitted in Certain Cases. An obstruction in the nature of grading, diking, rip rapping or other accepted and usual technique _for the preservation of shoreline and the prevention of erosion or reliction, may be placed in a body of water by following the procedure in this subdivision. Any arson desiring to place such an obstruction shall make application to the Chief Tnspector on forms provided by him, The Chief Inspector shall investigate the request, insure compliance with ail pertinent ordinances, and may require such supporting data as is, in his 'udgment, required. Upon submission of the appro- ~riate application, and the finding by Chief Inspector that the permit request is for an obstruction of the type defined in this subdivision the Chief Inspector shall issue the permit, No fee shall be required for the permit, A permit author- ized by this subdivision expires one year after its issuance. Subd. 6, Effect of Permit or Variance. The granting of a permit or variance under this section does not affect the responsibility of any person to obtain the approval for the proposed obstruction from any other agency of the city, the State of Minnesota, or any other governmental agency, Subd. 7. Removal of Obstructions, An obstruction placed in a body of water after the effective date of this ordinance may be removed by the city in the manner provided by this subdivision, The Chief Tnspector shall, after ten days mailed _notice thereof, issue an order to the owner of the property affected requiring the _removal of the obstruction within a reasonable time. Any owner or other person having an interest in the land affected may request, within the ten-day period, a hearing before the city council on the proposed order. If the owner fails to remove the obstruction, within the time specified in the order, or if he cannot be found or determined, the city may remove the obstruction and assess the cost of such removal as a special charge against the property in the manner prescribed for collection of special charges for current services by Minnesota Statutes, Chapter 429, or the city may recover such charges in a civil action." Passed by the Gity Council of the 1972. Attest: City of Richfield this 14th day of August, e.y > J f,/% .. ~~~~~ c_ --' ~~ Loren L. T,a~~ Mayor ~ ,~~, ~~: Thomas J. Mori: City Clerk SUN ~JEWSPAPERS AFFIDAVIT OF PUBLICATION RICHFIELD ,SUN 6601 W. 78th St, State of Minnesota County of Hennepin SS. Bloomington, J. R. RITCHAY, being duly sworn, on oath says he is and during all times has been the vice president and printer of the newspaper known as The P and has full knowledge of the facts herein stated as follows: (1) Said is printed in the English language in newspaper format and in column and equivalent in printed space to at least 900 square inches. (2) Said newspaper is a is distributed at least once each week. (3) Said newspaper has 50% of its news cola to news of local interest to the community which it purports to serve and loci duplicate any other publication and is not made _ - advertisements. (4) Sair1 newspaper is circulated is (OffidalPublicadool to serve, has at least 500 copies regularly delive Bi11No.197E-14 at least ?5% of its total circulation currently psi LEGALNOTICE AMENDMENT TO CHAPTER IV, OF and has entry as second-class matter itt its loco THE ORDINANCE CODE OF THE CITY serve the City of Richfield in the County of OF RICHFIELD, MINNESOTA ue in the City` of Bloomington in said county, CITY OF RICHFIELD DOES urs for the gathering of news, sale of adverti ORDAIN: Chapter IV of the Ordinance code of the fined by the managing officer or persons in its City of Richfield, Minnesota, relating to 1 during all such regular business hours ai the regulation of streets, public ways, mess hours to the business of the newspaper roads and places, is hereby amended by adding the following new section: a r files a co p pe py of each issue immediately witl "4.13. REGULATING OF THE PLAC- paper has complied with all the foregoing condltii ING OF OBSTRUCTIONS IN ItOD- or dates of publication mentioned below. (8) Sai~ IES OF WATER WITHIN THE CITY. State of Minnesota rior to Januar 1, 1968 and a P Y Subdivision 1. Policy and Purpou. It is form prescribed by the Secretary of State and sil the policy of the City of Richfield to pre- sworn to before a notary public stating that the ne carve its water resources for the uu and benefit of its citizens by: 1) Preveatiug pollution of each waters_by indiscriminate fiB prec- tices aaddumping; 2) Encouraging the conservation of water resources of the rnmmu- He further states on oath that the printed- 3) Maintaining the ecological balance hereto attached as a part hereof was cut from the and environmental quality o[ its water resources by regulations which recognize public and plvete rights in the uu and enjoyment of such waters. It is the purpose of this ordinance to regu- and published therein in the English language, one late those practices which prevent the implementation of this policy. Subd. 2. Defidtlons. For purposes of this section, the terms defined herein have the meadngs given them. a) "Bodies of Water" means Rich- Held Lake, Wood Lake, Legion Leke, Mother's Lake, anti all other lakes, streams, poode, wetlands, marshes, wa- ter courue, and bodice of water situated in whole or is pert within the city, and any lands immediately adjacent to or abattfng wch bodies of water. b) "Obstruction" mesas aay fill, wnd, gravel, soil, or other material, or any stroctare which, when placed within or projectlng into the body of water for aay purpou,~dces, or leads to, eecroach upon the mtarcl bceodery of wch body o[ water. c) "Property Owcer" or "Owner" means the fee owner of lead, or the bece- fidal owner of land whoa interest is plurally one of possession and enjoy- ment in contemplatlon of ultimate owcer- ahip. The term includes, but la not Bmited to, vendees under a rnntract for deed and mortgagors. Subd. 3. Obatroctlon ProWbited. E:- ecpt asotherwise provided in this uctloa, no peruu shell place, or cauu to be placetl, any obstroctlon within a body d water within the dty. Snbd. 4. Exceptions. Subdivision 3 does not apply to the following: a) The placing of any abatroctioe as part of a planed development which Ms been autholzed in accordance with this code• b) An obstruction made in accord- aoce with a permit jawed by the Ikpart- ment of Natural Resoorcea of the State of Mimeuta for the dredging, excavatlon, or lake level or shoreBne change of a body of water; c) An obstruction placed pursuant to' a variance granted in the cau of unique hardship to property by the council acting as the board of adjustments and appeals pursuant to Section 3.40 of ibis code. Sabd. 5. Obstructions permitted is Cer- tain Cases. M obstroction in the nature of grading, diking, rip rapping or other ac- cepted anti usual techdque for the preaer• vadonof shoreline and the prevention of erosion or relictlon, may be placed in a body of water by following the procedure in this aubdivislon. Any perun desiring to place such as obstruction shall make ap- pticatlon to the Chief Inspector on forma provided by him. The Chief InspeMOr shall investigate the request, insure com- pliance with aB pertinent ordinances, and may require such supporting data as is, to his judgment, required. Upon submission of the appropriate application, and the finding by Chief Inspector that the permit request is for an obstroMion of the type defined in this subdivision the Chief Inspector shall issue the permit. No fee shell be required for the permit. A permit authorized by this subdivision expires one year afteritaissuence. Subd. 8. Effect of Permit or Valance. The granting of a permit or variance un- der this action does not affed the re- sponsibility of any person to obtain the .approval for the proposed obstruction from any other agency of the city, the State of Mimesota, or any other govero- mentalagency. Sabd. 1. Removal of Obstrudions. An obstroction placed in a body of water af- ter the effective d to of tWs ordinance may be removed b;~ the city in the man- ner provided by ibis subdivision. The . Chief Inspector shall', ter ten days mailed notice thereof, issue an order to the owner of the property affected requir- ing the removal of the obstruction within a reasonable time. Any owner or other perun having an interest in the land af- fected may request, within the ten-day pelad, a basing before the city council on the proposed order. H the owur IaRs to remove the obstroctloa, within the tlme spedHed in the order, or H be carrot be found or determined, the dty may remove the dntroction anti assess the cost of each removal as a spatial charge against the. Property in the menaer pre-. scribed for collectloo of spc~pcherges for current urvlces by Mf1l to Stab rtes; Chapter 4E9, or the dty may recover such dwrges th a dull action." Passed by the City Council of the City of Richfield this 14th day ot~ARugus L 1~~ ENN Mayor Attest: THOMASJ.MORAN .City Clerk (AUg.1T,1872)-RN published on l I?Lll!'S • the that it was first so ~ _„~ and was thereafter printed and published on every and including the day of 19~ and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to-wit: abcdefghijklmnopgrstuvwxyz abcdefghijklmnopgrstuvwxyz , i~ j' ~' i /~ /'' i +i.~ Subscribed and sworn to before me this ~-7t~': day of ~ill~US'~ 19~t_ (No~al Seal) i r~ ~ r G. M. Vest, Notary Public, Hennepin County, Minn My Commission Expires April 18th, 1979.