[Adopted 12-18-1984 by Ord. No. 207 (Ord.
No. 207 of the 1984 Code)]
As used in this article, the following terms
shall have the meanings indicated:
One or more of the following: snow, ice, or rubbish removal
from sidewalks; weed elimination from street grass plots adjacent
to sidewalks or from private property; street sprinkling, street flushing,
light street oiling, or other dust treatment of streets; and repair
of sidewalks.
[Amended 2-13-2007 by Ord No. 414; 7-10-2018 by Ord. No. 416]
A.
Snow, ice, dirt and rubbish. All snow, ice, dirt, and rubbish remaining
on a public sidewalk more than 12 hours after its deposit thereon
is a public nuisance. The owner and the occupant of any property adjacent
to a public sidewalk shall use due diligence to keep such walk safe
for pedestrians. No such owner or occupant shall allow snow, ice,
dirt or rubbish to remain on the walk longer than 12 hours after its
deposit thereon.
(1)
Abatement. The Superintendent of Utilities and Streets shall remove
from all public sidewalks all snow, ice, dirt, and rubbish as soon
as possible beginning 12 hours after any such matter has been deposited
thereon or after the snow has ceased to fall. He shall keep a record
showing the cost of such removal adjacent to each separate lot and
parcel and shall deliver such information to the City Administrator.
(2)
Assessment. The charges for such work will be made a special assessment
against the property concerned.
B.
Weeds, grasses, and rank vegetation. Any weeds, grass, or rank vegetation,
whether noxious or not, unless edible, growing upon any lot or parcel
of land outside the traveled portion of any street or alley in the
City of Fairfax to a greater height than six inches, or which have
gone to seed or are about to go to seed are a nuisance. The owner
or occupant shall abate or prevent such nuisance on such property
and on land outside the traveled portion of the street or alley abutting
on such property.
(1)
Filing of complaints. Any person, including City personnel, who believes
there is property located within the corporate limits of the City
that has growing plant matter in violation of this article may make
a complaint to the City Administrator or weed inspector.
(2)
Notice of violations. Upon receiving notice of the probable existence
of weeds, grasses, or rank vegetation, the weed inspector, or their
designee, shall make an inspection of the property. If the weed inspector,
or designee concludes that there is a probable belief that this section
has been violated, the person shall issue a written notification in
the form of a destruction order to the property owner, and the person
occupying the property, if different from the property owner, as that
information is contained within the records of the City Administrator
or any other City or County agency. The notice shall be served in
writing by certified mail or personal service, however if the property
is unoccupied, then posted notice shall be sufficient notice. The
notice shall provide that within seven regular business days after
the receipt of the notice that the designated violation must be removed
by the property owner or person occupying the property. The notice
shall also state that in case of noncompliance, such work will be
done by the Superintendent of Utilities and Streets at the expense
of the owner and that if unpaid, the charge for such work will be
made a special assessment against the property concerned. All notices
are to be in writing and all filings are to be with the City Administrator.
Mailed notice is deemed filed on the date of posting to the United
States Postal Service.
(3)
Appeals.
(a)
The property owner may appeal by filing written notice of objections
with the City Administrator within 48 hours of the notice, excluding
weekends and holidays, if the property owner contests the finding
of the weed inspector. It is the property owner's responsibility to
demonstrate that the matter in question is shrubs, trees, cultivated
plants or crops or is not otherwise in violation of this article,
and should not be subject to destruction under the article.
(b)
An appeal by the property owner shall be brought before the
City Council and shall be decided by a majority vote of the Council
members in attendance and being at a regularly scheduled or special
meeting of the City Council.
(4)
Abatement. If the owner or occupant fails to comply with the notice
within seven days after its receipt, or if no owner, occupant, or
agent of the owner or occupant can be found, the Superintendent of
Utilities and Streets shall cut and remove such weeds, grass, or rank
vegetation. He shall keep a record showing the cost of such work attributable
to each separate lot and parcel and shall deliver such information
to the City Administrator.
(5)
Assessment. The charge for such work will be made a special assessment
against the property concerned.
(6)
Repeat violations.
(a)
Any owner or occupant who receives two or more destruction orders
to cut or remove grass, weeds or rank vegetation regarding the same
property in any two successive calendar years shall not be entitled
to seven regular business days to correct the violation. In such cases,
the City may post the notice in a conspicuous place on the property
and abate the nuisance if no appeal is filed within 48 hours of when
the notice is posted.
(b)
Any owner or occupant who receives two or more notices of order
to cut or remove grass, weeds, or rank vegetation regarding the same
property in any two successive calendar years shall be deemed to have
maintained a nuisance and shall be guilty of a misdemeanor.
The Council shall each year determine by resolution
what streets and alley shall be sprinkled or flushed, oiled, or given
other dust treatment during the year and the kind of work to be done
on each.
A.
Before any work is done pursuant to such resolution,
the Clerk-Treasurer shall, under the Council's direction, publish
notice that the Council will meet to consider such projects. Such
notice shall be published in the official newspaper at least once
no less than two weeks prior to such meeting of the Council and shall
state the date, time, and place of such meeting, the streets affected
and the particular projects proposed, and the estimated cost of each
project, either in total or on the basis of the proposed assessment
per front foot.
B.
At such hearing or at any adjournment thereof, the
Council shall hear property owners with reference to the scope and
desirability of the proposed projects. The Council shall thereupon
adopt a resolution confirming the original projects with such modifications
as it considers desirable and shall provide for the doing of the work
by day labor through the Superintendent of Utilities and Streets or
by contract.
[Amended 2-13-2007 by Ord. No. 414]
C.
The Superintendent of Utilities and Streets shall
keep a record of the cost and the portion of the cost properly attributable
to each lot and parcel of property abutting on the street or alley
on which the work is done and shall report such information to the
City Clerk-Treasurer.
[Amended 2-13-2007 by Ord. No. 414]
The owner of property on which or adjacent to
which a current service has been performed shall be personally liable
for the cost of such service. As soon as the service has been completed
and the cost determined, the City Clerk-Treasurer shall prepare a
bill and mail it to the owner and thereupon the amount shall be immediately
due and payable at the office of the City Clerk-Treasurer.
On or before September 1 of each year, the Clerk-Treasurer
shall list the total unpaid charges for each type of current service
against each separate lot or parcel to which they are attributable
under this article. The Council may then spread the charges against
property benefited as a special assessment under Minn. Stat. § 429.101
and other pertinent statutes for certification to the County Auditor
and collection the following year along with current taxes.
[Amended 2-13-2007 by Ord. No. 414]
Any person who maintains a nuisance in violation of § 204-5A and B and any person who interferes with a City employee or other authorized person in the performance of any current service under this article is guilty of a misdemeanor, but a prosecution shall be brought for such violation only on the discretion of the Council. If convicted of such violation, such person shall be subject to a fine of not more than $1,000 or imprisonment for not more than 90 days.
