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Home My WebLink About07L Private Commercial Access Drive and Parking Lot Maintenance Ordinance Amendment City Council Action Request Cottage � Grove �here Pride and P�OSPerity Meet Meeting Date 6/21/2017 Department Community Development AgendaCategory ConsentAgenda Title Private Commercial Access Drive and Parking Lot Maintenance Ordinance Amendment Staff Pass Ordinance 983 amending City Code Titles 4-1-5K Recommendation and 4-1-6 to address potholes and deteriorated pavement surfaces at private commercial access drives and parking areas within the City. Budget Implication Attachments Parking Lot Maintenance Ordinance CC Memo.tif 4.62MB Parking Lot Maintenance Ordinance Amendment.tif 15.1 MB I I Cottage � Grove �here Pride and Prosperity Meet To: Honorable Mayor and City Council Charlene Stevens, City Administrator From: Jennifer M. Levitt, P.E., Community Development Director/City Engineer Ryan Burfeind, P.E., Assistant City Engineer Nathan Estrem, P.E., Project Engineer Samantha Drewry, Code Enforcement Officer Date: June 1, 2017 Re: Public Health and Safety — Ordinance Amendment Backgrou nd/Discussion Cottage Grove has a growing and diverse economic demographic with more than 220 businesses located within the City. Many businesses in Cottage Grove maintain retail space within the City that is utilized by residents and visitors regularly. In an effort to ensure the physical environment near retail sites is maintained properly and without inherent risk of damage to personal property, including vehicles, or injury to the patrons of the business, regulations addressing excessive pavement deterioration have been adopted. Citizen complaints regarding conditions at several privately maintained parking lots and drive lanes that service retail centers remain a prevalent issue. In addition, retail centers are having difficulty obtaining new businesses due to the condition of the access drives and parking lots adjacent to the places of business. Staff is proposing defining excessive pavement deterioration subject to enforcement actions by the City as "any deterioration in excess of six inches in width and two inches in depth or other trip hazards in sidewalks or walking surfaces not in compliance with the Americans with Disabilities Act (ADA)." The proposed ordinance amendment includes verbiage that the nuisance must be removed within 48 hours after the date of receipt of the notice, or posting of the notice on the property. After the notice period, the City may perform any necessary work to remedy the pavement surface deteri- oration. The cost of abating the nuisance will be assessed as a special tax against the lots or parcels upon which the nuisance was located. Recommendation It is recommended the City Council adopt an ordinance amendment to City Code Titles 4-1-5K and 4-1-6 to address potholes and deteriorated pavement surfaces at private commercial access drives and parking areas within the City. ORDINANCE NO. AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA,AMENDING COTTAGE GROVE CITY CODE TITLE 4, CHAPTER 1, SECTIONS 5 AND 6 REGARDING NUISANCES AND ABATEMENT PROCEDURES The Ciry Council of the Ciry of Cottage Grove, Washington Counry, Minnesota, does hereby ordain as follows: SECTION 1. AMENDMENT. The Code of the City of Cottage Grove, County of Washington, State of Minnesota, Title 4, Chapter l, Section 4-1-SK shall be amended as follows: 4-1-5: NUISANCES AFFECTING PEACE AND SAFETY: The following are declared to be nuisances affecting public peace and safery: K. Deteriorated Private Roads, Access Drives, Parlcing Lots, Allevwavs, Trails, Sidewallcs or other Paved Siirfaces: Any private road, access drive, barkin� lot, allevwav, �aved trail, sidewallc, ram� or�aved surface that serves �one or more commercial properry and is generally held open to the public for travel, when, as a result of damage or im�ro�er ,"�� maintenance, the condition of the Uaved surface�is likely to cause injury to a��e person or dama�e to �property ^� ^�. � �. Evidence of such dama�e or improper maintenance mav include, but is not limited to, de�radation of the driving or �arking surface that is �reater than 6 inches in diameter and 2 inches in depth, or cracks or trip hazards in sidewalks or walkin� surfaces that are not in com�liance with the Americans With Disabilities Act. SECTION 2. AMENDMENT. The Code of the City of Cottage Grove, County of Washington, State of Minnesota, Title 4, Chapter l, Section 4-1-6 shall be amended as follows 4-1-6: ABATEMENT PROCEDURES: A. Enforcement Officials: The city council shall enforce the provisions of this chapter and may by resolution delegate to various officers or agencies power to enforce particular provisions of this chapter, including the power to inspect private premises. B. Notice To Abate: , ' , � � � � � > > > > l. In cases where emer_gencv abatement of a �ublic nuisance is not rec�uired, the enforcement officer will serve a notice on the owner or responsible partv, bv re�ular mail, or bv personal service, orderin� the owner or res�onsible �artv to remove the t�ublic nuisance. The notice will contain the followin�information: (a) Descri�tion of the pro�ertv u�on which the nuisance is situated; (b) The nature of the nuisance to be abated; (c) State that in the event the owner or responsible partv does not comply with the notice, the necessary work ma,��erformed bv the city� (d) State that if the owner or res�onsible �artv does not �av for the ex�ense, the cost of the worlc will be assessed a�ainst the�ro�ertv; and (e) A com�liance deadline. The notice will require that the �ublic nuisance must be removed within 48 hours after the date of receipt of the notice unless another com�liance deadline is stated. 2. If the owner of the �ro�ertv or res�onsible�artv cannot be found, the notice will be posted on the proper , for a period of 48 hours, after which period the ci , may perform anv necessary work Notice bv re�ular mail and notice b,�posting mav be done simultaneouslv. . . , c'��r�z'�l��e-iro-&�@-c"�irc�re�ijv^;,, �nrcncTc'r i icr6e"'rrciirciir�ieir-v�=cic�i�iili3'saire� � � .,;,7 ,.,.��,. �1,,, ,. ,.;1 C. Authoritv to abate. L The enforcement officer is authorized to enter in or upon an�propertv or structure for the�ur�ose of enforcing and assurin_g com�liance with the�rovisions of this section. 2. If the �ublic nuisance has not been removed bv the com�liance deadline, the ci . has the authoritv to enter upon the propertv and abate the public nuisance. In abatin� the nuisance, the citv mav �o to whatever extent necessarv to com�lete the abatement of the �ublic nuisance. The citv mav call u�on anv of the citv de�artments or divisions for whatever assistance is deemed necessarv or mav bv private contract cause the abatement of the public nuisance. €D. Costs To Owner: ��n��E�er�^'�e��" ra m^;' ;��e +�r� �e� If the citv performs the work pursuant to subsection (C) above, the citv will maintain a record showing the cost of the work attributable to each se�arate lot and �arcel, includin� administrative costs. Abatement costs shall include, but are not limited to the cost of the abatement, the cost of investigation, such as title searches, ins�ection and testing, the cost of notification, filin� costs and administrative costs;includin� an overhead char�e of u� to 25% for administrative costs. €E. Costs A Special Tax: The ciry clerk shall, at the direction of the council, extend the cost of abating the nuisance as a special tax against the lots or parcels upon which the nuisance was located, and such special tax shall, at the time of certifying taxes to the county auditor, be certified for collection as other special taxes are certified and collected. SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The ordinance amendments clarify it is a nuisance to have any paved surface fall into a significant state of disrepair, as evidenced by six-inch holes, or cracks or trip hazards. If the property owner does not repair the degraded surface after notice from the Ciry, the City is then allowed to abate the nuisance and assess the costs against the property. SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of , 2017. Myron Bailey, Mayor Attest: Joseph Fischbach, City Clerk Published in the South Washington County Bulletin on [Date].