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DIVISION 1. Generally
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DIVISION 2. Property Maintenance Code
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DIVISION 3. Dangerous Buildings
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[Ord. No. 726, 11-14-1989]
(a)
All buildings or structures which have any or all of the following
defects shall be deemed "dangerous buildings":
(1)
Those whose interior walls or other vertical structural members
lean, list or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
(2)
Those which, exclusive of the foundation, show 33% or more damage
or deterioration of the supporting member or members, or 50% damage
or deterioration of the nonsupporting enclosing or outside walls or
covering.
(3)
Those which have improperly distributed loads upon the floors
or roofs or in which the same are overloaded, or which have insufficient
strength to be reasonably safe for the purpose used.
(4)
Those which have been damaged by fire, wind or other causes
so as to have become dangerous to life, safety, morals or the general
health and welfare of the occupants or the people of the City.
(5)
Those which have become or are so dilapidated, decayed, unsafe,
unsanitary or which so utterly fail to provide the amenities essential
to decent living that they are unfit for human habitation or are likely
to cause sickness or disease so as to work injury to the health, morals,
safety or general welfare of those living therein.
(6)
Those having inadequate facilities for egress in case of fire
or panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
(7)
Those which have parts thereof which are so attached that they
may fall and injure members of the public or property.
(8)
Those which because of their condition are unsafe, unsanitary
or dangerous to the health, morals, safety or general welfare of the
people of this City.
(9)
Those buildings existing in violation of any provision of the
building code of this City or any provision of the fire prevention
code or other ordinances of the City.
[Ord. No. 726, 11-14-1989]
All dangerous buildings within the terms of § 5-267 are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided in this division.
[Ord. No. 726, 11-14-1989]
(a)
The City Building Official shall:
(1)
Inspect any building, wall, or structure about which complaints
are filed by any person to the effect that a building, walls or structure
is or may be existing in violation of this division.
(2)
Inspect any building, wall or structure reported (as provided in § 5-273) by the fire or police departments as probably existing in violation of the terms of this division.
(3)
Notify in writing the owner, occupant, lessee, mortgagee and all other persons having an interest in such building, as shown by the records in the office of the register of deeds of the county, of any building found by him to be a dangerous building within the standards set forth in § 5-267 that: (a) The owner must vacate, repair or demolish such building in accordance with the terms of the notice and this division; (b) the owner or occupant must vacate such building or may have it repaired in accordance with this notice and remain in possession; provided that any person notified under this paragraph to repair, vacate or demolish any building shall be given such reasonable time, not exceeding 60 days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.
(4)
Set forth in the notice provided for in paragraph (3) of this
section a description of the building or structure deemed unsafe,
a statement of the particulars which make the building or structure
a dangerous building and an order requiring the same to be put in
such condition as to comply with the terms of this division within
such length of time, not exceeding 60 days, as is reasonable.
(5)
Report to the Board of City Commissioners any non-compliance
with the notice provided for in paragraphs (3) and (4) of this section.
(6)
Appear at all hearings conducted by the Board of City Commissioners
and testify as to the condition of dangerous buildings.
(7)
Place a notice on all dangerous buildings reading as follows:
"This building has been found to be a dangerous building by
the City Building Official. This notice is to remain on this building
until it is repaired, vacated or demolished in accordance with the
notice which has been given the owner, occupant, lessee or mortgagee
of this building and all other persons having an interest in said
building as shown by the records of the Register of Deeds of the County
of Williams. It is unlawful to remove this notice until such notice
is complied with."
[Ord. No. 726, 11-14-1989]
(a)
The following standards shall be followed in substance by the City
Building Official in ordering repair, vacation or demolition:
(1)
If the dangerous building can reasonably be repaired so that
it will no longer exist in violation of the terms of this division,
it shall be ordered repaired.
(2)
If the dangerous building is in such condition as to make it
dangerous to the health, morals, safety or general welfare of its
occupants, it shall be ordered to be vacated.
(3)
In any case where a dangerous building is 50% damaged or decayed
or deteriorated from its original value or structure, it shall be
demolished, and in all cases where a building cannot be repaired so
that it will no longer exist in violation of the terms of this division
it shall be demolished. In all cases where a dangerous building is
a fire hazard existing or erected in violation of the terms of this
division or any ordinance of the City or statute of the state, it
shall be demolished.
[Ord. No. 726, 11-14-1989]
(1)
The owner of any "dangerous building" who shall fail to comply with
any notice or order to repair, vacate or demolish such building given
by any person authorized by this article to give such notice or order
shall be guilty of a misdemeanor and every day subsequent to such
notice in which the owner shall fail to comply with any notice or
order as above stated shall be deemed a separate offense.
(2)
The occupant or lessee in possession who fails to comply with notice
to vacate and who fails to repair such building in accordance with
any notice given as provided for in this article shall be guilty of
a misdemeanor and every day subsequent to such notice in which the
occupant or lessee shall fail to comply with any notice or order as
above stated shall be deemed a separate offense.
(3)
Any person removing the notice provided for in § 5-269(7) shall
be guilty of a Class B misdemeanor.
[Ord. No. 726, 11-14-1989]
[Ord. No. 726, 11-14-1989]
For any building demolished within the jurisdiction of this
chapter, all debris and concrete foundation shall be removed, and
any basement filled, compacted and graded. The performance of the
required improvements and/or lot restoration shall be secured by a
bond in an amount determined to be sufficient by the City Building
Official, the minimum bond to be not less than $1,000. The bond shall
be posted as guarantee that the alterations, improvements, or restoration
shall in all respects be complied with in a manner sufficient to meet
the requirements of this article, and that the construction, improvements,
alterations, or restoration will be completed within the time period
set forth. The form of the bond shall be cash, cashier's check,
corporate surety, or personal surety. In case of personal surety,
said bond shall be approved by the Board of City Commissioners.
[Ord. No. 726, 11-14-1989]
All employees of the fire, police and health departments shall make written reports to the City Building Official of all buildings or structures which are, may be, or are suspected to be dangerous buildings as defined in § 5-267. Such reports must be delivered to the City Building Official within 24 hours of discovery of such buildings by any employee of the above-named departments.
[Ord. No. 726, 11-14-1989]
(a)
The City Attorney shall:
(1)
Prosecute all persons failing to comply with the terms of the
notices provided for in § 5-269(3) and (4) and the order provided
for in § 5-276(4).
(2)
Appear at all hearings before the Board of City Commissioners
in regard to dangerous buildings.
(3)
Take such other legal action as is necessary to carry out the
terms and provisions of this division.
[Ord. No. 726, 11-14-1989]
(a)
The Board of City Commissioners shall:
(1)
Upon receipt of a report of the City Building Official as provided
for in § 5-269(5), give written notice to the owner, occupant,
mortgagee, lessee and all other persons having an interest in such
building as shown by the records of the Register of Deeds of the county,
to appear before it on the date specified in the notice to show cause
why the building or structure reported to be a dangerous building
should not be repaired, vacated or demolished in accordance with the
statement of particulars set forth in the City Building Official's
notice provided for in § 5-269(3).
(2)
Hold a hearing and hear such testimony as the City Building
Official or the owner, occupant, mortgagee, lessee or any other person
having an interest in such building as shown by the records of the
Register of Deeds of the county shall offer relative to the dangerous
building.
(3)
Make written findings of fact from the testimony offered pursuant to paragraph (2) as to whether or not the building in question is a dangerous building within the terms of this § 5-267.
(4)
Issue an order based upon findings of fact made pursuant to
paragraph (3) commanding the owner, occupant, mortgagee, lessee and
all other persons having an interest in such building as shown by
the records of the Register of Deeds of the county to repair, vacate,
or demolish any building found to be a dangerous building within the
terms of this division; provided that any person so notified, except
the owners, shall have the privilege of either vacating or repairing
such dangerous building.
(5)
Report to the City Attorney the names of all persons not complying
with the order provided for in paragraph (4) of this section.
[Ord. No. 726, 11-14-1989]
In cases, except emergency cases, where the owner, occupant,
lessee or mortgage of a dangerous building is absent from the City,
all notices or orders provided for in this division shall be sent
by registered mail to the owner, occupant, mortgagee, lessee and all
other persons having an interest in such building as shown by the
land records of the Register of Deeds of the county to the last-known
address of each, and a copy of such notice shall be posted in a conspicuous
place on the dangerous building to which it relates. Such mailing
and posting shall be deemed adequate service.
[Ord. No. 726, 11-14-1989]
(1)
The Board of City Commissioners shall serve upon the owner, occupant,
mortgagee, lessee and all other persons having an interest in any
dangerous building ordered by the Board to be repaired, vacated or
demolished a copy of its order, such notice to be served upon such
owner, occupant, mortgagee or lessee within 10 days after the issuance
of such order. Such owner, occupant, mortgagee or lessee shall thereafter
have 30 days from the date of the service of such order upon him in
which to appeal from such order to the district court of the county,
or to take such other legal steps to enjoin the enforcement of such
order as he may deem proper.
(2)
Any person desiring to appeal from any order issued by the Board
of City Commissioners under and by virtue of this division shall file
an undertaking in the sum of at least $500, to be approved by the
City Auditor, and conditioned that the appellant will prosecute the
appeal without delay and will pay all costs that may be adjudged against
him in the district court. Such undertaking shall be payable to the
City.
[Ord. No. 726, 11-14-1989]
If the owner, occupant, mortgagee or lessee fails to comply with the order of the Board of City Commissioners, or fails to appeal to the district court within 30 days as provided in § 5-278, the City through its officers and employees shall cause such building or structure to be repaired, vacated or demolished as ordered by the Board of City Commissioners and shall cause the costs of such repair, vacation or demolition to be charged against the land on which such building existed by special assessment or as a municipal lien, or shall cause such cost of removal to be levied as a special tax against the land upon which such building stands or did stand or to be recovered in a suit at law against the owner.
[Ord. No. 726, 11-14-1989]
No officer, agent or employee of the City shall render himself
personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his
duties under this division. Any suit brought against any office, agent
or employee of the City as a result of any act required or permitted
in the discharge of his duties under this division shall be defended
by the City Attorney until the final determination of the proceedings
therein.
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DIVISION 4. Property Maintenance 5-1Control Program Established
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[1]
Editor's Note: Prior ordinance history: Ordinance Nos.
634, 882, 1001, 1054.
[Ord. No. 1085, 6-26-2018]
The City has determined that control of tall grasses and noxious
weeds is necessary for the health and safety of City residents. There
is hereby established a program for the control of weeds and mowing
of grasses within the jurisdictional limits of the City. The control
program, as established, may operate in conjunction with any other
control authority or officer.
The Property Maintenance Board is hereby established. The Board
shall consist of three members appointed by the Board of City Commissioners
that are qualified electors residing within the City. Terms for all
members of the Board are for four years or until a successor is appointed
and qualified. Terms of appointment shall be staggered so as to allow
no more than two to expire each year. Terms of office shall begin
on January 1. Board members shall assume office at the first regular
Board meeting following the beginning of their term or at the first
regular Board meeting following their appointment if filling a vacancy.
The Control Officer may serve as a voting member of the Board if the
Control Officer is qualified to do so.
The Board shall hear any appeal of a notice from the Control
Officer. Timing of the hearing and hearing procedures may be determined
by the Board. Any decision rendered by the Board may be appealed to
the Board of City Commissioners.
The City may also designate a Control Officer. The Control Officer
shall execute the duties and meet the requirements outlined herein.
[Ord. No. 1085, 6-26-2018]
As used in this article:
To prevent the spread of any noxious weed, designated by
the Control Officer, by seed or any other propagating part, and mowing
of grasses in excess of eight inches.
The Control Officer, such officer's assistants, and
the Board.
The person or persons appointed or designated by the Board
of City commissioners to be responsible for the operation and enforcement
of this article within the City.
To destroy a plant so that it is not viable.
Any owner of Federal, State, municipal or private land, under
statutory authority or otherwise, but does not include a lessee, renter,
tenant, operator or an owner of any easement or right-of-way.
Any plant propagated by either seed or vegetative parts which
is determined by the Control Officer after consulting with the State
cooperative extension service, or the Board after consulting with
the County extension agent, to be injurious to public health, land
or other property. It includes all weeds defined by State law as "noxious
weeds."
The person chiefly responsible for or in possession of the
land, whether for self-benefit, or for the benefit of the landowner
or another.
Any individual, partnership, firm, corporation, company,
society, association, the State, or any department, agency or subdivision
thereof, or any other entity which occupies or owns land or which
causes noxious weed seeds or propagating parts to be disseminated
or transported in North Dakota.
The Board designated by the City Commission to make determinations
on property maintenance issues on behalf of the Board of City Commissioners.
All varieties of grasses and all weeds that are not defined
by State law of the Board as noxious weeds and are in excess of eight
inches in height.
[Ord. No. 1085, 6-26-2018]
Noxious weeds and tall grasses exceeding eight inches in height
growing within the jurisdictional limits of the City are hereby declared
to be a public nuisance and it shall be the duty of every person in
charge of or in possession of land in this City, whether as landowner,
lessee, renter or tenant, to eradicate or to control the spread of
noxious weeds on those lands, including the adjacent rights-of-way,
by mowing grasses in excess of eight inches. Medians separating street
sections shall not be included in the requirements of this article.
[Ord. No. 1085, 6-26-2018]
(a)
The Board shall exercise the powers and duties authorized by this
ordinance including:
(b)
The Control Officer shall exercise the powers and duties as follows:
(1)
The Control Officer shall cause a notice of the requirements
of this article to be published in the official newspaper of the City
once per month during the growing season. These publications shall
serve as notice to all landowners, occupants, or persons in charge
of maintaining any parcel of land within the City limits to comply
with the requirements of this article. These publications shall also
serve as the official notice to property owners to cut weeds and tall
grass. Other methods of notification, such as the media and the City's
website, may also be used to notify landowners, occupants, or persons
in charge to control tall grass and weeds.
(2)
Whenever any person owning, occupying or in charge of any premises,
lot, or parcel of land within the jurisdiction of the City, shall
fail, neglect, or refuse to mow the property in accordance with the
provisions of this article, the Control Officer shall arrange for
the nuisance to be abated.
(c)
If the Control Officer determines that land within the City jurisdiction
contains noxious weeds, the Control Officer may serve upon the landowner
written notice either personally or by certified mail, requiring the
landowner to control the noxious weeds within the time period prescribed
by the Control Officer in the notice. The notice shall contain at
least the following items:
(1)
The minimum remedial requirements.
(2)
The time within which the landowner must meet the minimum remedial
requirements.
(3)
That the landowner may be subject to penalties provided under
state law and City ordinance if the landowner fails to comply with
the remedial requirements.
(4)
A Statement of costs if the landowner fails to control the noxious
weeds.
(5)
That the landowner may challenge the notice of the Control Officer
by submitting to the City in writing within seven days of the date
of the notice a request that the Board hold a hearing on the matter
in accordance with this article.
(d)
Should the landowner fail to control the noxious weeds within the
time period specified in the notice sent by the Control Officer, the
Control Officer may cause the noxious weeds to be controlled in the
absence of a written appeal by the landowner or if any appeal has
been denied.
(e)
When the City has affected the eradication, cutting or control of
noxious weeds or tall grasses, the actual cost thereof including allowable
City administrative expenses and any penalties approved by the City
Commission, if not paid by the owner, must be charged and assessed
against the property upon which the noxious weeds or tall grasses
were eradicated, cut or controlled. The Control Officer shall prepare
and the Board shall approve an assessment list showing the costs against
each lot or tract to be assessed. The assessment list shall be forwarded
to the Board of City Commissioners for official action. All procedures
under State law for certification, appeal, payment and collection
of special assessments shall apply.
(f)
The Control Officer may delegate all or some of the duties required
under this section to other City staff. The City may contract with
any person or company to perform services for the City in the control
of noxious weeds and tall grasses.
[Ord. No. 1085, 6-26-2018]
(a)
Except as noted below, it is the duty of every person owning, occupying
or in charge of any premises, lot or parcel of land to cut, eradicate,
or control any noxious weeds or tall grasses to prevent them from
becoming a public nuisance, a fire hazard and/or unsightly.
(1)
Steep slopes exceeding 30° (two horizontal feet to one vertical
foot) that are difficult or hazardous to mow, as an option, may be
planted with selected grass varieties used by the North Dakota Department
of Transportation to control erosion. The property owner must apply
to the City for a waiver of the grass control requirements for each
property where this alternative is to be used. Control of noxious
weeds is mandated by State law and no waiver for control of noxious
weeds is allowed. A waiver request shall be submitted to the Control
Officer or other designated official. The City official shall review
the request, inspect the site and either approve or deny the request.
(2)
The City has no jurisdiction over the control of grass and weeds
on property or easements owned or controlled by state and federal
agencies.
(3)
State law limits City action related to grass and weeds on agriculturally
zoned land to the control of noxious weeds.
[Added 7-28-2020 by Ord. No. 1114]
(a)
Purpose.
(1)
The
City has determined that the control of hazardous, dead, or diseased
trees, hedges, or shrubs is necessary for the health and safety of
City residents. The loss of trees, ill health of trees, or presence
of hazardous trees on public and private property depreciates the
value of property within the City and impairs the safety and general
welfare of the public. The enforcement and maintenance of such program
by the City of Williston fall within the Code Compliance Department
duties.
(b)
Nuisance
defined.
(1)
Any
living or standing tree or part thereof located on public or private
property which is infected to any degree with any disease, fungus
or insect which is, in the judgment of the City of Williston Code
Compliance Department and City Forester, harmful to said tree, other
trees, or City residents.
(2)
Any
dead tree or part thereof, including logs, branches, stumps, firewood
or any portion of a diseased or pest-infested tree that has not been
disposed of in accordance with the City of Williston ordinances.
(3)
Any
tree, shrub, or hedge or part thereof, growing upon public or private
property, but overhanging or interfering with the use of any public
walk, street or highway, park or public place within the City which,
as in the opinion of the City of Williston Code Compliance Department,
endangers the life, health, safety or property of the public.
(4)
Trees,
hedges, shrubs, and other vegetation which are located on private
property and adjoin public property or public rights-of-way which
interfere with travel on streets, avenues, alleys, and sidewalks.
(5)
Planting
of trees, shrubs, or hedges which are on the City's prohibited tree,
shrub, or hedge list, as determined from time to time by the Board
of City Commissioners, or the City Forester as agent of the City Commission,
shall be prohibited for the purpose of preventing diseases or infestations.
The City shall post a list of prohibited trees, shrubs, and hedges
on an annual basis, or whenever the City deems it necessary to amend.
For the interest of the general welfare of the City of Williston and
citizens thereof, any elm tree within the City of Williston which
is infected with, or hereafter becomes infected with, Dutch elm disease,
is declared a public nuisance.
(d)
Eradication
of nuisance on public property.
(1)
In
eradicating the nuisance on the public property, alleys, boulevards,
or public rights-of-way, the City shall cause the nuisance to be eradicated
so as to be destroyed or otherwise effectively treated so as to destroy
and prevent as fully as possible any tree disease, fungus, or harmful
insect in accordance with accepted tree care practices.
(2)
In
abating tree hazards on public property, the City of Williston Code
Compliance Department shall cause such hazards to be removed and disposed
on in accordance with tree care regulations of the Forestry Department,
the cost of which shall be borne by the City.
(e)
Eradication
of nuisance on private property.
(1)
Inspections
and investigation of nuisances on private property.
a.
The City of Williston Code Compliance Department shall inspect all premises and places within the City limits, which are reported as one maintaining a nuisance, as often as practicable to determine whether a nuisance, as described in Section 5-287, exists.
b.
Whenever
the City Forester finds with reasonable certainty that any tree disease,
fungus or harmful insect exists in any tree or wood located on private
property, outside of any public way in the City, he shall notify the
owner or person in control of such property on which the nuisance
is found by registered or certified mail within 48 hours of receipt
of the diagnosis. The City Forester shall request that the tree be
removed or effectively treated in a manner approved by the City Forester
within 30 days after receipt of such notice. If such owner cannot
be found, a copy of said notice shall be posted upon said infected
tree and mailed to the address of record for the owner of the property
according to the Williams County property tax records.
c.
If
said tree is not so removed and/or treated as specified within 30
days after receipt of the notice in Subsection (e)(1)b, or within
30 days after posting of the notice if the owner cannot be found,
the City Forester shall notify the owner of the property of the intent
to eradicate the nuisance and assess to the property tax. The assessment
shall be considered a lien upon the property upon which the nuisance
is found. The owner or person in charge also may be charged with a
violation of this section for maintaining a nuisance.
d.
If
it is determined by the City Forester and the City of Williston Code
Compliance Department that a nuisance as defined in Subsection (b)(1)
through (5) is a direct threat to the health and safety of the residents
of the City of Williston, they shall immediately remove the nuisance
after attempting to contact the owner of the property. In the case
of an emergency, the thirty-day notice in Subsection (e)(1)b and c
is herein waived.
e.
"Notice"
as required in Subsection (e)(1)b shall be made either by certified
mail as stated, sheriff's service or by publication in the county
newspaper for one week.
f.
Upon
removal of the nuisance by the City of Williston, a lien shall be
recorded against the property for the cost of removal. Once per year,
this amount shall be assessed against the property as a special assessment.
(f)
Chemical
and/ or biological application to eradicate nuisance.
(1)
Whenever
a Code Compliance Department determines that any tree, shrub, or part
thereof is infected with any tree disease or harmful insect, the City
may cause all trees within a one-mile radius to be treated as appropriate.
(2)
The
City may give up to 24 hours' advance public notice in manner deemed
appropriate by the City when conditions of eradication warrant such
notice.
(3)
When
appropriate notice has been given and posted in accordance with Subsection
(f)(2) hereof for any treatment conducted or contracted by the City,
the City shall not allow any claim to damages to any vehicle, home,
or other property resulting from treating operations.
(4)
When
trees on private property are to be treated, the City shall notify
the owner of the property of the need for treatment and proceed in
accordance with requirements of this section regardless whether the
City itself or a commercial applicator does the work.
(g)
Assessment
of nuisance eradication costs. The costs for the abatement of the
public nuisances as defined in this section shall be borne as follows:
(1)
For
abatement where the nuisance occurs on public land or rights-of-way,
the cost will be borne by the City.
(2)
For
abatement where the nuisance occurs on private property, the cost
shall be borne by the property owner.
(3)
The
cost of treating for abatement of nuisances shall be borne by the
City when such nuisances are on public property or right-of-way and
shall be borne by the private owner when such nuisances are on private
land.
(4)
The
costs of removal of dead or hazardous trees on private property shall
be borne by the property owner.
(5)
The
cost of planting trees and shrubs on rights-of-way following the abatement
of a nuisance shall be the adjoining property owner's responsibility.
(6)
If
it is necessary for the City to remove a tree or trees from a right-of-way
in connection with improvements of the portion of street or highway
used for vehicular traffic, the City may replant the trees or replace
them, provided that conditions permit, as determined appropriate by
the City.
(h)
Certification
of nuisance eradication costs as a special assessment.
(1)
If
a property owner is billed by the City for eradication of a nuisance
on that property owner's property, and the bill is unpaid after the
City's established time period, the City may assess the cost against
the property upon which the nuisance was abated.
(2)
When
the City has affected the eradication, abatement and control of above-named
nuisances, the actual cost thereof including allowable City administrative
expenses and any penalties approved by the City Commission, if not
paid by the owner, must be charged and assessed against the property
upon which the nuisances were eradicated, cut or controlled. The Code
Compliance Department shall prepare and the Board shall approve an
assessment list showing the costs against each lot or tract to be
assessed. The assessment list shall be forwarded to the Board of City
Commissioners for official action. All procedures under state law
for certification, appeal, payment and collection of special assessments
shall apply. Assessment may be payable in installments with approval
of the City Commission.
(i)
Nuisance
abatement notice and appeal procedures.
(1)
The
Code Compliance Department shall cause a notice of the requirements
of this section to be published in the official newspaper of the City
once per year. These publications shall serve as notice to all landowners,
occupants, or persons in charge of maintaining any parcel of land
within the City limits to comply with the requirements of this section.
These publications shall also serve as the official notice to property
owners to cut, maintain, and abate all nuisances. Other methods of
notification, such as the media and the City's website, may also be
used to notify landowners, occupants, or persons in charge to control
such nuisances.
(2)
If
the Code Compliance Department determines that land within the City
jurisdiction contains such nuisances, the Code Compliance Department
may serve upon the landowner notice, by mailing to the address of
record for the owner of the property according to the Williams County
Property tax records, requiring the landowner to control the such
nuisances within the time period prescribed by the Code Compliance
Department in the notice. The notice shall contain at least the following
items:
a.
The
minimum remedial requirements.
b.
The
time frame within which the landowner must meet the minimum remedial
requirements.
c.
That
the landowner may be subject to penalties provided under state law
and City ordinance if the landowner fails to comply with the remedial
requirements.
d.
A
statement delineating the process the Code Compliance Department will
follow regarding the eradication and the date upon which the eradication
will occur.
e.
A
statement of costs if the landowner fails to control the trees, hedges,
or shrubs.
f.
That
the landowner may challenge the notice of the Code Compliance Department
by submitting to the City in writing within three days of the date
of the notice a request that a review be completed by the Department
Head for the Department of Building Safety.
(3)
The
Code Compliance Department may delegate all or some of the duties
required under this section to other City staff. The City may contract
with any person or company to perform services for the City in the
control of such nuisances.
(j)
Interference
prohibited.
(1)
It
shall be unlawful for any person, firm, or corporation to prevent,
delay or interfere with the City Forester, its designated employees,
or agents while they are engaged in the performance of the duties
imposed by this section.
(k)
City
Inspect, remove, and burn diseased Dutch elm trees.
(1)
The
City of Williston Code Compliance Department is hereby authorized,
directed and empowered to inspect any tree within the City of Williston,
in conjunction with the City Forester, whether on public or private
property, reported or supposed to be infected with Dutch elm disease;
and if upon such inspection it is determined that such tree is so
infected that the Board is hereby authorized, directed, and empowered
to immediately remove and burn same in such manner as to prevent as
fully as possible the spread of such disease if said tree is located
on public property and not less than five days after serving notice
to the owner if said tree is located on private property. If such
owner cannot be found, a copy of said notice shall be posted upon
said infected tree and the five-day period shall commence at the time
of such posting. The owner of the property may waive said five-day
notice. The cost shall be bourne by the property owner.
(l)
Nonliability
of City for removal of trees or shrubs.
(1)
The
City shall not be liable to any property owner or other individual,
firm or corporation for damages or costs for the removal or destruction
of any tree, shrub or other vegetable growth located on any street,
avenue, alley, boulevard, or other public way.
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DIVISION 5. Snow and Ice Removal
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[Ord. No. 1055, 12-27-2016]
(a)
It shall be the duty of the occupant of every lot or parcel of land,
and the owner of every unoccupied lot or parcel of land in the City
adjoining any street, and along which sidewalks have been built, within
the commercial business district to clear, the sidewalks on or along
such parcels of land of all accumulations of snow and ice within 10
hours after the same has fallen or accumulated, or by 2:00 p.m. in
the afternoon of the following day if the same shall have fallen or
accumulated in the nighttime, and to keep such sidewalks free from
accumulations of snow and ice.
(b)
It shall be the duty of each such occupant or owner that are not
in the commercial business district to clear the sidewalks on or along
the lots or parcels of land occupied or owned by him, of all snow
and accumulations of ice within seven days.
(c)
It shall be the duty of the owner of a lot or parcel of land where
the sidewalk runs to an alley or other public way to clear snow and
ice from said surface for one-half of the distance across the alley
or public way or to the gutter line of the street.
(d)
No person shall dispose of snow removed from private property by
placing it on any public street unless you are located in the downtown
district. Persons cleaning or causing to be cleaned any parking lot,
service station, yard or court shall remove snow to a suitable disposal
point not on any public right-of-way, at his own expense.
[Ord. No. 1055, 12-27-2016]
(1)
Violations.
(a)
Any person, whether owner or occupant, who refuses or fails
to keep sidewalks upon the property free from snow and ice shall be
guilty of an offense and shall be subject to a penalty as follows:
(b)
Upon failure of the property owner to remove snow and ice, the
City may take action to remove snow and ice and assess the property,
as provided in N.D.C.C. § 40-29-18 through 40-29-21, and
further described below.
1.
If snow and ice are not removed from sidewalks within the time
and in the manner provided by the ordinances of the municipality,
the snow and ice may be removed by or under the direction of the Street
Commissioner and the necessary expense thereof shall be chargeable
against the abutting property. Annually, on or before May first, the
Street Commissioner shall make and file in the office of the City
Auditor a list showing separately the amount chargeable and assessed
against each lot and tract and stating the name of the owner of each
such lot or tract so far as known to the Street Commissioner.
2.
The City Auditor shall give notice of the hearing and confirmation
of the report of snow and ice removal and of the assessment therefor
at the first regular June meeting of the Governing Body. Such notice
shall notify all persons objecting to the report and assessment to
appear and present their objections. The notice shall be published
once each week for two consecutive weeks in the official municipal
newspaper and the last publication shall not be less than eight days
before the date set for the hearing.
3.
At the meeting of the Governing Body in June or at such later
meeting as the hearing and confirmation of such assessment may be
adjourned to, the Governing Body shall consider and hear any objection
to the snow and ice removal assessment, or to any part thereof, and
after revising or correcting the assessment, if revision or correction
is necessary, it shall approve and confirm the same. The City Auditor
shall attach to the assessment list the City Auditor's certificate
that the list is correct as confirmed by the Governing Body and shall
file the same in the City Auditor's office, and shall certify
the assessment in the manner provided in Section 40-24-11 of the North
Dakota Century Code.
4.
From the time any assessment list provided for in this chapter
is approved by the Governing Body, the assessment, with interest and
penalties thereon, shall be and remain a permanent lien upon the property
upon which the assessment is levied until the assessment is paid in
full, and it shall have precedence over all other liens except general
taxes. Such lien shall not be divested by any judicial sale, and no
mistake in the description of the property assessed nor in the name
of the owner thereof shall defeat such lien if the property assessed
can be identified by the description in the assessment list.
(2)
Penalties. Any person who interferes with or hinders the removal
of said snow and ice by the City, shall be guilty of a Class B misdemeanor.
