Fergus Falls City Zoning Code
CHAPTER 151
STREETS AND SIDEWALKS
§ 151.001 ICE AND SNOW ON PUBLIC SIDEWALKS.
(A) Ice and snow a nuisance. All snow and ice remaining upon public sidewalks is hereby declared to constitute a public nuisance and shall be abated by the owner or tenant of the abutting private property within 24 hours after the snow or ice has ceased to be deposited.
(B) City to remove snow and ice. The city may cause to be removed from all public sidewalks, beginning 24 hours after snow or ice has ceased to fall, all snow and ice which may be discovered thereon, and it shall keep a record of the cost of the removal and the private property adjacent to which the accumulations were found and removed.
(C) Cost of removal to be assessed. The City Administrator shall, upon direction of the Council, and on receipt of the information provided for in division (B) above, extend the cost of the removal of snow or ice as a special assessment against the lots or parcel of ground abutting on walks which were cleared, and the special assessments shall at the time of certifying taxes to the County Auditor be certified for collection as other special assessments are certified and collected.
(D) Civil suit for cost of removal. The City Administrator shall, in the alternative, upon direction of the Council, bring suit in a court of competent jurisdiction to recover from the persons owning land adjacent to which sidewalks were cleared, as provided in division (B) above, the cost of the clearing and the costs and disbursements of a civil action therefor.
(E) City Administrator to report sidewalks cleared. The City Administrator shall present to the Council at its first meeting after snow or ice has been cleared from the sidewalks as provided in division (B) above the report of the city thereon, and shall request the Council to determine by resolution the manner of collection to be used as provided in divisions (C) or (D) above.
(F) Placing snow or ice in public street or on other city property. It is unlawful for any person, not acting under a specific contract with the city, to remove snow from private or public property and place the same on a public street in the quantity, or in the manner, as to cause a hazard to travel, without adequate arrangements for the immediate removal thereof. It is also unlawful for any person not acting under a contract with the city to dump snow on other city property.
(2002 Code, § 5.05) Penalty, see § 151.999
§ 151.002 TREES IN STREETS.
(A) City to control trees and grass plats. The city shall have control and supervision over all shrubs and trees upon, or overhanging all streets or other public property, and all grass plats upon streets or other public property.
(B) Permit to plant, remove and trim trees. No person shall trim, cut or remove any part of any tree which is under the supervision of the city without first procuring from the city a permit in writing to do so, nor shall the authority conferred by a permit be exceeded. No person shall plant a tree or trees in a street or upon other public property under the supervision of the city without first procuring from the city a permit in writing to do so, nor shall the authority conferred thereby be exceeded.
(C) Authority of City Administrator to issue permits.
(1) Any person desiring a permit as herein required shall make application therefor to the City Administrator, upon a form supplied by the city. Forthwith, upon receipt of any application, the City Administrator shall refer the same to the City Engineer, or some other suitable and competent person, for investigation. The application shall state with reasonable particularity the purpose therefor and the intent of the applicant.
(2) Upon completion of his or her investigation, the City Engineer, or other designated person, shall return the application after having indicated thereon his or her approval or disapproval thereof, whereupon the City Administrator shall issue or deny the permit indicating with reasonable certainty the extent of the authority thereby conferred.
(2002 Code, § 5.05) (Ord. 76, Third Series, effective 1-10-1983) Penalty, see § 151.999
§ 151.003 VACATION OF STREETS.
(A) No public grounds or streets shall be vacated, except upon the Council’s own motion or upon the petition directed to the Council of a majority of the owners of property on the line of the public grounds or streets residing within the city, and completion of the procedure hereinafter specified. The petition shall set forth the reasons for the desired vacation, accompanied by a plat of public grounds or streets proposed to be vacated and the petition shall be verified by the oath of a majority of the petitioners residing within the city.
(B) If, in the discretion of the Council, it is expedient that the matter be proceeded with, it may order the petition filed for record with the City Administrator, order a hearing on the petition and fix the time and place of the hearing.
(C) The City Administrator shall give notice of the hearing by publication in the city’s legal newspaper and posted at least two weeks prior to the hearing. Newspaper publication must be once a week for two weeks. In addition, written notice of the hearing must be mailed to each property owner affected by the proposed vacation at least ten days before the hearing at the last known addresses to be obtained from the office of the County Auditor. The notice shall state, in brief, the object of the hearing, the time, place and purpose thereof and the fact that the Council shall hear the testimony and examine the evidence of the parties interested.
(D) The Council, after hearing the same, may, by ordinance passed by an affirmative vote of six members, declare the public grounds or streets vacated or deny the petition. The Council may require that any and all costs of public improvements on the public grounds or streets being vacated be reimbursed to the city by the benefitted property owner or owners, prior to the adoption of a vacation ordinance. Further, the Council may specify the extent to which the vacation affects existing easements therein and the extent to which the vacation affects the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereunder, to continue maintaining the same or to enter upon the way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. The ordinance, if granting the petition, shall be certified by the City Administrator and shall be filed for record and duly recorded in the office of the Register of Deeds in and for the county.
(E) A filing fee shall accompany each petition for vacation of a street in the amount as the Council may fix therefor, and to cover out-of-pocket expenses of the city. If the petition is not granted, the fee shall be refunded to the petitioner.
(2002 Code, § 5.09) (Ord. 74, Second Series, effective 11-1-1975; Ord. 23, Fourth Series, effective 12-15-1991; Ord. 31, Seventh Series, effective 7-25-2015) Penalty, see § 151.999
§ 151.004 FIRES, SIGNS AND OBSTRUCTIONS IN STREETS.
(A) Obstructions. It is unlawful for any person to place, erect, construct or deposit any building or object upon any street, alley, public grounds or city-owned property without first having obtained a written permit to do so from the City Administrator, and then only in compliance in all respects with the terms and conditions of the permit, and taking precautionary measures for the protection of the public.
(B) Fires. It is unlawful for any person to build or maintain a fire upon a roadway.
(C) Dumping in streets. It is unlawful for any person to throw or deposit in any street or any other public place any nails, dirt, glass, tin cans, metal scraps, garbage, shreds or rubbish, or to empty any water containing salt or other injurious chemical thereon.
(D) Signs and appurtenances. It is unlawful for any person to place or maintain a sign or other appurtenance in the traveled or untraveled portion of any street. In a district zoned for commercial or industrial enterprises, special permission allowing an applicant to erect and maintain signs overhanging the street may be granted upon the terms and conditions as may be set forth in the zoning or construction provisions of the code.
(2002 Code, § 5.10) (Ord. 45, Second Series, effective 7-1-1974) Penalty, see § 151.999
§ 151.005 SEWER AND WATER MAIN SERVICE LATERAL INSTALLATION.
(A) No petition for the improvement of a street shall be considered by the Council if the petition contemplates constructing therein any part of a pavement or stabilized base, or curb and gutter, unless all sewer and water main installations shall have been made therein, including the installation of service laterals to the curb, if the area along the street will be served by the utilities installed in the street.
(B) No sewer system shall be hereafter constructed or extended unless service laterals to platted lots and frontage facing thereon shall be extended simultaneously with construction of mains.
(C) The Council may waive the requirements of this section only if it finds the effects thereof are burdensome and upon notice and hearing as the Council may deem necessary or proper.
(2002 Code, § 5.13) Penalty, see § 151.999
§ 151.006 LOAD LIMITS.
(A) The City Engineer, by authority of the Council, may from time to time impose upon vehicular traffic on any part or all of the streets load limits as may be necessary or desirable.
(B) The limits, and the specific extent or weight to which loads are limited, shall be clearly and legibly sign-posted thereon.
(C) It is unlawful for any person to operate a vehicle on any street in violation of the limitation so posted.
(2002 Code, § 5.14) Penalty, see § 151.999
§ 151.007 PRIVATE USE OF PUBLIC STREETS AND PARKING LOTS.
(A) Authority, permission and procedure. The Council may, in its discretion, grant special permission whereby on-street parking or the use of city-owned parking lots or public sidewalks may be temporarily or permanently prohibited or restricted for private reasons and purposes (including, but not limited to, establishment of private or “leased” parking, “loading zones” or display of merchandise on sidewalks) at the places, on the terms and for the compensation as the Council may deem just and equitable. In establishing the amount of compensation to be paid to the city, the Council shall consider the amount of space, location thereof, public inconvenience and hazards to persons or property.
(B) Forbidden practices. It is unlawful for any person to park or otherwise infringe upon a grant of right under this section, when clearly and distinctly marked or sign-posted. It is unlawful for any person not granted the right to assert the same, or for any grantee of the right to exceed the same under claim thereto.
(C) Unlawful practices. It is unlawful for any person to violate any of the provisions of this section; the Police Department is authorized to summarily remove any and all objects, things and personal property which it finds which has been placed upon public streets, public sidewalks and public lots in violation of this section.
(2002 Code, § 5.15) (Ord. 49, Third Series, effective 1-1-1981; Ord. 102, Third Series, effective 5-30-1984) Penalty, see § 151.999
§ 151.008 CURB SETBACK.
(A) Permit required. It is unlawful for any person to hereafter remove, or cause to be removed, any curb from its position abutting upon the roadway to another position without first making application to the Council and obtaining a permit therefor.
(B) Agreement required.
(1) No permit shall be issued until the applicant, and abutting landowner if other than applicant, shall enter into a written agreement with the city agreeing to pay all costs of constructing and maintaining the setback area in at least as good condition as the abutting roadway, and further agreeing to demolish and remove the setback and reconstruct the area as was at the expense of the landowner, his or her heirs or assigns if the area ever, in the Council’s opinion, becomes a public hazard.
(2) The agreement shall be recorded in the office of the Register of Deeds and shall run with the adjoining land.
(C) Sign-posting. “ANGLE PARKING ONLY” signs shall be purchased from the city and erected and maintained at the expense of the adjoining landowner in all setback areas now in use or hereafter constructed. It is unlawful for any person to park other than at an angle in setback areas, as the angle parking is herein described and allowed.
(D) Public rights preserved. The setback parking areas shall be kept open for public parking and the abutting landowner shall at no time acquire any special interest or control of or in the areas.
(2002 Code, § 5.16) Penalty, see § 151.999
§ 151.020 MAP CREATED.
(A) Official street map created. There is hereby created an official street map which map shall be the official authority on street location and name.
(B) Location. The official street map shall be kept in the office of the City Engineer for public display.
(C) Changes. The City Engineer is responsible for changes to the map, as approved by City Council action, and for maintaining the map in a visible condition at all times.
(2002 Code, § 5.54) (Ord. 20, Fifth Series, passed 7-7-1997)
§ 151.021 OFFICIAL NUMBERING SYSTEM.
(A) The City Engineer shall be responsible for maintaining order in the official numbering system. In the performance of this responsibility, he or she shall be guided by the official street map.
(B) The City Engineer shall keep a record of all changes in the official numbering system and shall be responsible for assigning numbers for all properties in the city on request.
(2002 Code, § 5.55) (Ord. 20, Fifth Series, passed 7-7-1997)
§ 151.022 HOUSE NUMBERS.
It shall be the duty of the owner, lessor or occupant of every house, industrial, commercial or other building, to have proper house or building numbers by affixing the numbers in either metal, glass, plastic or other durable material. The numbers shall not be less than three and one-half inches in height and shall be in a contrasting color to the base. The numbers shall be placed so as to be easily seen from the street. All auxiliary buildings within a unit having an assigned number, such as garages, barns and buildings of like nature, are not affected by this subchapter. The numbers shall be affixed prior to occupancy of the premises.
(2002 Code, § 5.56) (Ord. 20, Fifth Series, passed 7-7-1997) Penalty, see § 151.999
§ 151.023 MULTIPLE UNIT NUMBERING; IDENTIFICATION SIGNS.
(A) It shall be the duty of the owner or manager of every multiple dwelling building containing five or more rental units, and the owner or occupant of every individually-owned dwelling unit in any multiple unit building to properly identify each dwelling unit by attaching identification numbers on or adjacent to each entrance to the individual units. The numbers shall be not less than one and one-half inches in height and shall be of a contrasting color to the base.
(B) In addition, the owner or manager of any multiple dwelling building with common entrances containing five units or more, whether the units are rental or individually owned, shall provide signs, including directional arrows, easily identifying the location of each dwelling unit in the building. The signs shall be placed in an obvious location inside each entrance to the building as approved by the Fire Marshal. For buildings with two or more floors, either above or below grade, similar signs shall be located on each floor across from stairways and from elevators if the building is so equipped. The lettering and numbering on the signs shall not be less than one and one-half inches in height and shall be of a contrasting color to the base.
(2002 Code, § 5.57) (Ord. 20, Fifth Series, passed 7-7-1997)
§ 151.035 METHODS OF PROCEDURE.
Abutting or affected property owners may contract for, construct or reconstruct roadway surfacing, sidewalk or curb and gutter in accordance with this subchapter if advance payment is made therefor or arrangements for payment considered adequate by the city are completed in advance, with or without petition by the methods set forth in the Local Improvement Code of the state, presently beginning with M.S. § 429.011, as the same may from time to time be amended.
(2002 Code, § 5.07) (Ord. 45, Second Series, effective 7-1-1974; Ord. 159, Third Series, effective 12-1-1987; Ord. 166, Third Series, effective 1-31-1988)
§ 151.036 PERMIT REQUIRED.
It is a unlawful to construct a sidewalk, curb and gutter, or roadway surfacing in any street or other public property in the city without a permit in writing from the City Engineer. Application for the permit shall be made on forms approved and provided by the city and shall sufficiently describe the contemplated improvements, the contemplated date of beginning of work and the length of time required to complete the same; provided that, no permit shall be required for any the improvement ordered installed by the Council under contract with the city. All applications shall contain an agreement by the applicant to be bound by this subchapter and, as to roadway and curb and gutter improvements, plans and specifications consistent with the provisions of this subchapter and good engineering practices shall also accompany the application. A permit from the city shall not relieve the holder from damages to the person or property of another caused by the work; provided that, no permit shall be required for any improvement installed as a part of a city project, or when the improvement is part of a building project for which plans have been submitted and for which a building permit has been issued.
(2002 Code, § 5.07) (Ord. 45, Second Series, effective 7-1-1974; Ord. 159, Third Series, effective 12-1-1987; Ord. 166, Third Series, effective 1-31-1988) Penalty, see § 151.999
§ 151.037 SPECIFICATIONS AND REGULATIONS; ADOPTION.
(A) All sidewalks and curb and gutter constructed in or upon any street or other public property shall be constructed according to the specifications duly adopted, as herein provided. Before any construction work is begun, the city, at its own expense, will furnish stakes for the establishment of grade and for the lines of the improvement and all construction therein shall be in accordance with established grades and lines.
(B) All streets, curb and gutter and sidewalks shall be constructed in accordance with specifications and regulations adopted by the Council and kept on file in the office of the City Engineer.
(2002 Code, § 5.07) (Ord. 45, Second Series, effective 7-1-1974; Ord. 159, Third Series, effective 12-1-1987; Ord. 166, Third Series, effective 1-31-1988)
§ 151.038 PERMIT AND INSPECTION FEE.
The fee for the permit and inspection of construction and reconstruction of roadway surfacing, sidewalk and curb and gutter shall be adopted by resolution of the Council and may be amended from time to time in the same manner; provided that, a schedule of fees, together with the date of adoption of each fee, shall be kept on file in the office of the City Administrator and the City Engineer, and available for distribution upon request therefor. Fees shall be uniformly enforced upon adoption or amendment.
(2002 Code, § 5.07) (Ord. 45, Second Series, effective 7-1-1974; Ord. 159, Third Series, effective 12-1-1987; Ord. 166, Third Series, effective 1-31-1988)
§ 151.039 INSPECTION.
(A) The City Engineer shall perform the inspection required herein and other inspection of the work as deemed necessary.
(B) Any work not done according to the plans and specifications, including the specifications herein provided for, shall be removed and corrected at the expense of the permit holder.
(C) Any work done hereunder may be stopped by the City Engineer if found to be unsatisfactory, but this shall not place a burden upon the city to continually inspect or supervise the work.
(2002 Code, § 5.07) (Ord. 45, Second Series, effective 7-1-1974; Ord. 159, Third Series, effective 12-1-1987; Ord. 166, Third Series, effective 1-31-1988)
§ 151.040 POLICY FOR SIDEWALK, CURB AND GUTTER CONSTRUCTION.
(A) It is hereby made the duty of all owners of land abutting on any street or avenue in the city, to construct, reconstruct and maintain in good repair sidewalks, curb and gutters along any street or avenue in accordance with the current established policy on file in the office of the City Engineer.
(B) A sidewalk plan for the city shall be developed by the City Engineer and adopted by resolution of the Council and which may be amended from time to time in the same manner. Sidewalks will be classified as arterial, collector or local, as defined below. This classification will be used to determine the priority for construction and repair: arterials, first; collectors, second; local sidewalks, third. A map of the approved arterial and collector sidewalk routes will be kept on file in the office of the City Engineer. All sidewalks on public rights-of-way shall be concrete constructed according to the standards on file in the City Engineer’s office, five feet in width, and be located with the inside edge of the sidewalk one foot outside the property line where parallel to private frontage. Exceptions to width and location requirements are stated in division (B)(4) below.
(1) Arterial sidewalks shall be located on either side or both sides of all arterial streets, thoroughfares, some collector streets and streets on elementary school walkway routes.
(2) Collector sidewalks shall provide access, where not provided by the arterial system, to parks, apartment and retirement complexes, the middle school, high schools, colleges, hospitals, clinics and business areas, and also provide neighborhood access to the arterial system.
(3) Local sidewalks are all other sidewalks not designated as an approved arterial or collector route. No new local sidewalks are required unless petitioned by affected landowners and approved by the Council, or initiated and approved by the Council. Isolated segments of local sidewalks, abutting on only one landowner, may be removed if requested by the landowner, with permission of the City Engineer. Removal of local sidewalks abutting on more than one landowner requires a petition signed by all abutting landowners and approved by the Council.
(4) (a) The City Engineer is hereby empowered to reduce or increase the width of sidewalk where it is deemed in the best interest of the public.
(b) The City Engineer is hereby empowered to exempt properties from the requirement that the sidewalk be constructed with the inside edge one foot outside the property line when upon investigation he or she determines that:
1. Healthy specimen trees of two inches or greater diameter would be destroyed;
2. Sidewalk alignment within a block would be different from existing walks within the block; and/or
3. Severe grade problems would result.
(c) The City Engineer is hereby empowered to postpone construction of walks required until the time of street construction when a lot or lots abut an unimproved (lacking curb and gutter) street that is expected to be scheduled for improvement at some future date and when, in his or her opinion, a delay of construction to coincide with street construction would be advisable.
(d) Residential type “house walks” (generally perpendicular to the sidewalk or street) on public right-of-way are installed and reconstructed at the option and full expense of the landowner, are exempt from width requirements, are not included in the sidewalk classification (arterial, collector, local), but do require a permit for construction or reconstruction.
(C) (1) If required sidewalks, curbs and gutters are not constructed within the time limits established by the city, or whenever the city shall deem it necessary and expedient to construct, rebuild or repair any of the foregoing, it may adopt a resolution to the effect, which resolution shall specify the place or places where the improvement shall be constructed, rebuilt or repaired, the size and manner of construction thereof and the time within which the same shall be completed. The resolution shall contain the names of the owners of all lots, parts of lots and parcels of ground fronting the street or streets where the improvement or construction is to be constructed, rebuilt or repaired.
(2) The resolution shall be served upon the person named in the resolution at least 30 days prior to the time therein named for the completion of the improvement, be the same sidewalks, curbs or gutters. The resolution shall be served by registered mail or by personal service upon the record owner of the property and the occupant, if the owner does not reside in the city or cannot be found therein, ordering the owner to have the sidewalks, curb or gutter repaired and made safe within 30 days and stating that, if the owner fails to do so, the Council will have the same done, and that the expense thereof must be paid by the owner and that, if unpaid, it will be made special assessment against the property concerned.
(3) If the requested improvement is not made within 30 days after the receipt of the notice, the Council shall, by resolution, order the construction made. If the construction, reconstruction or repair not be made within the time prescribed in the resolution, then the Council may order the same to be done, under the supervision of the City Engineer, by day labor or cause the same to be done by contract to the lowest responsible bidder, the entire expenses thereof to be paid out of the funds as the city shall designate.
(4) If the construction, reconstruction or maintenance work is performed by the city, as set forth above, the City Administrator shall forthwith, upon completion thereof, ascertain the cost attributable to each lot, piece or parcel of abutting land. The City Administrator shall, at the next regular meeting thereof, present the certificate to the Council and obtain its approval thereof. When the certificate has been approved it shall be extended as to the cost therein stated as a special assessment shall, at the time of certifying taxes to the County Auditor, be certified for collection as other special assessments are certified and collected.
(5) (a) All costs of portions of sidewalks crossing private driveways (driveway sections) shall be the obligation of the property owner. Where new sidewalk construction occurs along a street having existing curb and gutter a six-inch thick un-reinforced concrete driveway approach slab, meeting the standards on file in the City Engineer’s office, is required between the sidewalk and the gutter at the full expense of the landowner.
(b) For all sidewalks abutting private property the assessed cost, excluding the cost of driveway sections, shall be a price per linear foot adopted by a resolution of the Council, and which may be amended in the same manner, if the work is done by the city. The resolution, containing the effective date thereof, shall be kept on file in the office of the City Administrator. For walks damaged by city trees, see division (C)(5)(d) below. If the work is done by a licensed paving contractor, see division (C)(5)(e) below. For sidewalks abutting public property, see division (C)(5)(g) below.
(c) The city will pay the cost of all necessary crosswalks, and other walks not abutting on at least one side upon private property, if the work is done by the city or by a licensed paving contractor. (See division (C)(5)(e) below.)
(d) Small segments (up to 12 feet in length) of sidewalk abutting private property which are in good condition, except for damage caused exclusively by the growth of trees on city property or right-of-way will be repaired at city cost if approved in advance by the City Engineer and the work is done by the city.
(e) City participation in eligible work done by a licensed paving contractor shall be limited to a price set by the City Engineer.
(f) All other costs will be the obligation of the property owner.
(g) For all sidewalks abutting public (including federal, state, county, city, public school district and the like) property, the full cost shall be assessed to or paid by the owner.
(6) It is not the intent of this division (C) to, in any manner, limit the use of the procedures and methods set forth in Local Improvement Code of the state, presently beginning with M.S. § 429.011, as the same may from time to time be amended. This division (C) is intended to be an addition and separate procedure to construct, reconstruct or repair sidewalks, curbs and gutters.
(2002 Code, § 5.07) (Ord. 45, Second Series, effective 7-1-1974; Ord. 159, Third Series, effective 12-1-1987; Ord. 166, Third Series, effective 1-31-1988) Penalty, see § 151.999
§ 151.055 ELECTION TO MANAGE.
In accordance with the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects, pursuant to this subchapter, to manage rights-of-way within its jurisdiction.
(2002 Code, § 5.08)
§ 151.056 DEFINITIONS; ADOPTION OF RULES BY REFERENCE.
Minn. Rules Ch. 7819, as it may be amended from time to time, is hereby adopted by reference and is incorporated into this code as if set out in full. The definitions included in Minn. Rules part 7819.0100, subps. 1 through 23, as it may be amended from time to time, are the definitions of the terms used in the following provisions of this subchapter.
(2002 Code, § 5.08)
§ 151.057 PERMIT REQUIREMENT.
(A) Permit required. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way without first having obtained the appropriate permit from the city.
(1) Excavation permit. An excavation permit is required to excavate that part of the right-of-way described in the permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein.
(2) Obstruction permit. An obstruction permit is required to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project.
(B) Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless the person makes a supplementary application for another right-of- way permit before the expiration of the initial permit, and a new permit or permit extension is granted.
(C) Delay penalty. In accordance with Minn. Rules part 7819.1000, subp. 3, as it may be amended from time to time and notwithstanding division (B) above, the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching or restoration. The delay penalty shall be established from time to time by resolution, as it may be amended from time to time.
(D) Permit display. Permits issued under this subchapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the Director.
(2002 Code, § 5.08)
§ 151.058 PERMIT APPLICATIONS.
Application for a permit shall contain, and will be considered complete only upon compliance with the requirements of the following provisions:
(A) Submission of a completed permit application form, including all required attachments, scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities, and the following information:
(1) Each permittee’s name, gopher one-call registration certificate number, address and e-mail address, if applicable, and telephone and facsimile numbers;
(2) The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration;
(3) A certificate of insurance or self-insurance:
(a) Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the state or a form of self-insurance acceptable to the Director;
(b) Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the use and occupancy of the right-of-way by the registrant, its officers, agents, employees and permittees, and placement and use of facilities and equipment in the right-of-way by the registrant, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property;
(c) Naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all coverages;
(d) Requiring that the Director be notified 30 days in advance of cancellation of the policy or material modification of a coverage term; and
(e) Indicating comprehensive liability coverage, automobile liability coverage, worker’s compensation and umbrella coverage established by the Director in amounts sufficient to protect the city and the public and to carry out the purposes and policies of this subchapter.
(4) The city may require a copy of the actual insurance policies;
(5) If the person is a corporation, a copy of the certificate required to be filed under M.S. § 300.06, as it may be amended from time to time, as recorded and certified to by the Secretary of State; and
(6) A copy of the person’s order granting a certificate of authority from the state’s Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have the certificate from the Commission or other state or federal agency.
(B) Payment of money due the city for:
(1) Permit fees as established by resolution, as may be amended from time to time, estimated restoration costs and other management costs;
(2) Prior obstructions or excavations;
(3) Any undisputed loss, damage or expense suffered by the city because of the applicant’s prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city; or
(4) Franchise fees or other charges as established by resolution, as may be amended from time to time, if applicable.
(2002 Code, § 5.08)
§ 151.059 ISSUANCE OF PERMIT; CONDITIONS.
(A) Permit issuance. If the applicant has satisfied the requirements of this subchapter, the Director shall issue a permit.
(B) Conditions. The Director may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use.
(2002 Code, § 5.08)
§ 151.060 PERMIT FEES.
Permit fees shall be in an amount established by resolution, as it may be amended from time to time.
(A) Excavation permit fee. The city shall establish an excavation permit fee as established by resolution, as may be amended from time to time, in an amount sufficient to recover the following costs:
(1) The city management costs; and
(2) Degradation costs, if applicable.
(B) Obstruction permit fee. The city shall establish the obstruction permit fee as established by resolution, as may be amended from time to time, and shall be in an amount sufficient to recover the city management costs.
(C) Payment of permit fees. No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. The city may allow applicant to pay those fees within 30 days of billing.
(D) Non-refundable. Permit fees as established by resolution, as may be amended from time to time, that were paid for a permit that the Director has revoked for a breach as stated in § 151.068 of this chapter are not refundable.
(E) Application to franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise.
(F) Consistency. All permit fees shall be established consistent with the provisions of Minn. Rules part 7819.100, as it may be amended from time to time.
(2002 Code, § 5.08)
§ 151.061 RIGHT-OF-WAY PATCHING AND RESTORATION.
(A) Timing. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under this subchapter.
(B) Patch and restoration. The permittee shall patch its own work. The city may choose either to have the city restore the right-of-way or to restore the right-of-way itself.
(1) City restoration. If the city restores the right-of-way, the permittee shall pay the costs thereof within 30 days of billing. If, following the restoration, the pavement settles due to the permittee’s improper backfilling, the permittee shall pay to the city, within 30 days of billing, all costs associated with having to correct the defective work.
(2) Permittee restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minn. Rules part 7819.3000, as it may be amended from time to time.
(C) Standards. The permittee shall perform patching and restoration according to the standards and with the materials specified by the city and shall comply with Minn. Rules part 7819.1100, as it may be amended from time to time. The Director shall have the authority to prescribe the manner and extent of the restoration and may do so in written procedures of general application or on a case by case basis.
(D) Duty to correct defects. The permittee shall correct defects in patching, or restoration performed by the permittee or its agents. The permittee upon notification from the Director, shall correct all restoration work to the extent necessary, using the method required by the Director. The work shall be completed within five calendar days of the receipt of the notice from the Director, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under this subchapter.
(E) Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the Director, or fails to satisfactorily and timely complete all restoration required by the Director, the Director, at his or her option, may do the work. In that event, the permittee shall pay to the city, within 30 days of billing, the cost of restoring the right-of-way. If the permittee fails to pay as required, the city may exercise its rights under the construction performance bond.
(F) Degradation fee in lieu of restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee as established by resolution, as may be amended from time to time. However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities.
(2002 Code, § 5.08) Penalty, see § 151.999
§ 151.062 LIMITATIONS ON AREA, DATES.
(A) Limitation on area. A right-of-way permit is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area make application for a permit extension and pay any additional fees required thereby, and be granted a new permit or permit extension.
(B) Limitation on dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date.
(2002 Code, § 5.08) Penalty, see § 151.999
§ 151.063 DENIAL OF PERMIT.
The city may deny a permit for failure to meet the requirements and conditions of this subchapter or if the city determines that the denial is necessary to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use.
(2002 Code, § 5.08)
§ 151.064 INSTALLATION REQUIREMENTS.
The excavation, backfilling, patching and restoration and all other work performed in the right-of- way shall be done in conformance with Minn. Rules part 7819.1100, as it may be amended from time to time, and other applicable local requirements, in so far as they are not inconsistent with M.S. §§ 237.162 and 237.163, as they may be amended from time to time.
(2002 Code, § 5.08) Penalty, see § 151.999
§ 151.065 INSPECTION.
(A) Notice of completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance with Minn. Rules part 7819.1300, as it may be amended from time to time.
(B) Site inspection. The permittee shall make the work site available to city personnel and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work.
(C) Authority of Director.
(1) At the time of inspection, the Director may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well-being of the public.
(2) (a) The Director may issue an order to the permittee for any work which does not conform to the terms of the permit or other applicable standards, conditions or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten days after issuance of the order, the permittee shall present proof to the Director that the violation has been corrected.
(b) If proof has not been presented within the required time, the Director may revoke the permit pursuant to § 151.068 of this chapter.
(2002 Code, § 5.08)
Cross-reference:
Enforcement, see § 10.20
§ 151.066 WORK DONE WITHOUT PERMIT.
(A) Emergency situations.
(1) Each person with facilities in the right-of-way shall immediately notify the city of any event regarding its facilities which it considers to be an emergency. The owner of the facilities may proceed to take whatever actions are necessary to respond to the emergency. Within two business days after the occurrence of the emergency, the owner shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this subchapter for the actions it took in response to the emergency.
(2) If the city becomes aware of an emergency regarding facilities, the city will attempt to contact the local representative of each facility owner affected, or potentially affected, by the emergency. In any event, the city may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the person whose facilities occasioned the emergency.
(B) Non-emergency situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit, and as a penalty pay double the normal fee for the permit, pay double all the other fees required by this code, deposit with the city the fees necessary to correct any damage to the right-of-way and comply with all of the requirements of this subchapter.
(2002 Code, § 5.08)
§ 151.067 SUPPLEMENTARY NOTIFICATION.
If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, the permittee shall notify the Director of the accurate information as soon as this information is known.
(2002 Code, § 5.08)
§ 151.068 REVOCATION OF PERMITS.
(A) Substantial breach. The city reserves its right, as provided herein, to revoke any right-of-way permit, without a fee refund if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by the permittee shall include, but shall not be limited, to the following:
(1) The violation of any material provision of the right-of-way permit;
(2) An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;
(3) Any material misrepresentation of fact in the application for a right-of-way permit;
(4) The failure to complete the work in a timely manner, unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee’s control; or
(5) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to § 151.065 of this chapter.
(B) Written notice of breach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit the city shall make a written demand upon the permittee to remedy that violation. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the city, at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach.
(C) Response to notice of breach. Within 24 hours of receiving notification of the breach, the permittee shall provide the city with a plan, acceptable to the city, that will cure the breach. The permittee’s failure to so contact the city, or the permittee’s failure to submit an acceptable plan, or the permittee’s failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit.
(D) Reimbursement of city costs. If a permit is revoked, the permittee shall also reimburse the city for the city’s reasonable costs, including restoration costs and the costs of collection and reasonable attorneys’ fees incurred in connection with the revocation.
(2002 Code, § 5.08)
§ 151.069 MAPPING DATA; INFORMATION REQUIRED.
Each permittee shall provide mapping information required by the city in accordance with Minn. Rules parts 7819.4000 and 7819.4100, as they may be amended from time to time.
(2002 Code, § 5.08)
§ 151.070 LOCATION OF FACILITIES.
(A) Compliance required. Placement, location and relocation of facilities must comply with applicable laws, and with Minn. Rules parts 7819.3100, 7819.5000 and 7819.5100, as they may be amended from time to time, to the extent the rules do not limit authority otherwise available to cities.
(B) Corridors. The city may assign specific corridors within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the city expects will someday be located within the right-of-way. All excavation, obstruction or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue.
(C) Limitation of space. To protect the health, safety and welfare or when necessary to protect the right-of-way and its current use, the Director shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. In making those decisions, the Director shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public’s needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way and future city plans for public improvements and development projects which have been determined to be in the public interest.
(2002 Code, § 5.08)
§ 151.071 DAMAGE TO OTHER FACILITIES.
(A) When the city does work in the right-of-way and finds it necessary to maintain, support or move facilities to protect it, the Director shall notify the local representative as early as is reasonably possible and placed as required. The costs associated therewith will be billed to that registrant and must be paid within 30 days from the date of billing.
(B) Each facility owner shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damages. Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the city’s response to an emergency occasioned by that owner’s facilities.
(2002 Code, § 5.08)
§ 151.072 RIGHT-OF-WAY VACATION.
If the city vacates a right-of-way which contains the facilities of a registrant, the registrant’s rights in the vacated right-of-way are governed by Minn. Rules part 7819.3200, as it may be amended from time to time.
(2002 Code, § 5.08)
§ 151.073 INDEMNIFICATION AND LIABILITY.
By applying for and accepting a permit under this chapter, a permittee agrees to defend and indemnify the city in accordance with the provisions of Minn. Rules part 7819.1250, as it may be amended from time to time.
(2002 Code, § 5.08)
§ 151.074 ABANDONED FACILITIES; REMOVAL.
Any person who has abandoned facilities in any right-of-way shall remove them from that right-of- way if required in conjunction with other right-of-way repair, excavation or construction, unless this requirement is waived by the Director.
(2002 Code, § 5.08)
§ 151.075 APPEAL.
A right-of-way user that has been denied registration; has been denied a permit; has had permit revoked; or believes that the fees imposed are invalid, may have the denial, revocation or fee imposition reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation or fee as imposition will be in writing and supported by written findings establishing the reasonableness of the decision.
(2002 Code, § 5.08)
§ 151.076 RESERVATION OF REGULATORY AND POLICE POWERS.
A permittee’s or registrant’s rights are subject to the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public.
(2002 Code, § 5.08)
§ 151.999 PENALTY.
Every person violates a section or division of this chapter when he or she performs an act thereby prohibited or declared unlawful, or fails to act when the failure is thereby prohibited or declared unlawful and, upon conviction thereof, shall be punished as follows.
(A) Where the specific section or division specifically makes violation a misdemeanor, he or she shall be punished as for a misdemeanor and shall be subject to the fine in § 10.99 of this code of ordinances. Where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, he or she shall be punished as for a misdemeanor. Where he or she stands convicted of violation of any provision of this chapter, exclusive of violations relating to the standing or parking of an unattended vehicle, within the immediate preceding 12-month period for the third or subsequent time, he or she shall be punished as for a misdemeanor.
(B) As to any violation not constituting a misdemeanor under the provisions of division (A) above, he or she shall be punished as for a petty misdemeanor.
(2002 Code, § 5.99) (Ord. 45, Second Series, effective 7-1-1974)