Mendota Heights City Zoning Code
CHAPTER 7
PROPERTY MAINTENANCE
12-7A-1: FINDINGS AND PURPOSE STATEMENT:
A. The city council finds that it is in the best interest of the city to protect the public health, safety, and general welfare of its citizens. To this end, the city believes that by adoption of these residential property maintenance regulations, it will further the following objectives:
1. To preserve the value of residential property within the city;
2. To protect the character and stability of neighborhoods within the city;
3. To provide for minimum standards of maintenance for residential property within the city and ensure compliance;
4. To cause correction to conditions on residential property that do not comply with the standards of maintenance established herein.
5. Assist in identification and correction of dangerous or life threatening conditions that may be identified within the city.
12-7A-2: BUILDING STRUCTURE APPEARANCE AND MAINTENANCE REQUIREMENTS:
A. Any building or structure, including an accessory structure, is a public nuisance if its exterior does not comply with the following requirements:
1. All exterior property shall be maintained in a clean, safe, and sanitary condition. The occupant shall keep that part of the exterior property, which such occupant occupies, or controls in a clean and sanitary condition.
2. All dwellings, garages and other residential accessory buildings shall have complete siding. No part of any exterior surface shall have significant deterioration including, but not limited to, holes, breaks, gaps, or loose or rotting siding. All exterior surfaces of the structure including, but not limited to, doors, door and window frames, cornices, porches and trim, shall be maintained in a good and safe condition. Exterior wood surfaces on the structures, other than decay resistant woods, stucco or other materials that do not normally require protection from the elements shall be protected from the elements and decay by staining, painting or other protective covering or treatment or other appropriate method acceptable to the city. (Ord. 401, 7-19-2005; amd. Ord. 592, 9-17-2024)
12-7A-3: EXTERIOR PROPERTY PUBLIC HEALTH AND SAFETY REQUIREMENTS:
A. Any building or structure in the city that is found by an authorized employee or agent of the city to be dangerous to public safety or health by reason of the following is hereby declared to be a public nuisance and a hazardous structure or condition:
1. Damaged by fire, storm, or vandalism;
2. Defective chimneys or stovepipes;
3. Dilapidated condition or decay; or
4. Any other defect endangering the public safety or health.
B. Any structure which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested, presents environmental health risks or which lacks provisions for safe illumination, ventilation, or sanitary facilities to the extent that the defects create a hazard to the health, safety, or welfare of the occupants or of the public, may be declared unfit for human habitation or unsafe to the public by the city.
C. Whenever any building has been declared unfit for human habitation or unsafe to the public, the city may proceed to declare the building a hazardous building or hazardous property and may seek to correct or remove the hazardous condition as authorized by Minnesota law. (Ord. 401, 7-19-2005; amd. Ord. 592, 9-17-2024)
12-7A-4: FIREWOOD STORAGE:
A. The term “firewood” shall mean split wood or unsplit wood logs cut into lengths not exceeding three feet (3') for the purpose of burning in a fireplace or as a recreational fire on the property.
B. Firewood shall be kept or stored outdoors in accordance with the following requirements:
1. Firewood shall be stored or kept in a neat and secure stack (maximum of 2 cords, defined as 128 cubic feet per cord), which shall be no higher than five feet (5').
2. Unless screened by a fence or wall, stacks shall be no closer than five feet (5') to the property line.
3. The firewood stacks shall not be allowed to become infested with rats, rodents, or vermin.
4. Fallen, uncut trees shall be removed or cut up into firewood as soon as it is practicable, not to exceed ninety (90) days. The city council may extend this period, upon written request by the property owner, for an additional ninety (90) days. This requirement may be waived by the code enforcement officer where it is determined that due to natural environmental conditions, the trees do not present a hazard or nuisance. (Ord. 401, 7-19-2005; amd. Ord. 592, 9-17-2024)
12-7A-5: OTHER OUTDOOR STORAGE:
A. Except provided for herein or as specifically allowed within the specific zoning districts established by this title, all materials and equipment shall be stored within a structure.
B. Exceptions:
1. Clothesline poles and lines, play equipment, garden equipment, patio furniture, and trampolines.
2. Not more than four (4) currently licensed and operable vehicles, including trailers, may be parked or stored on property outside a structure on single-family residential lots. All such parking and/or storage shall be allowed as follows:
a. In the front yard, provided they are kept on an established driveway, entirely on the vehicle owner’s property. Except as provided herein, recreational vehicles may not be parked or stored on public property or street right of way.
b. In the rear yard not closer than ten feet (10') from the rear lot line, five feet (5') from the side lot lines, and not within drainage and utility easements.
c. On a corner lot or through lot, not closer than twenty feet (20') from the property line abutting the street side of the lot and not within drainage and utility easements. Where such parking and/or storage is to be located within side or rear yards of corner or through lots, such side or rear yard shall be screened with landscaping and/or fencing from the public street.
d. All vehicles must be parked on concrete or bituminous pavement.
3. Construction and landscaping material, which shall be consumed or used on the property within the next thirty (30) days and kept in a neat, workmanlike fashion.
4. Off street parking of motor vehicles as specified in the respective zoning districts.
5. Temporary storage pods used to temporarily store items during house remodeling shall be kept on the driveway for a period not to exceed ninety (90) days except by CUP application for major remodeling.
6. No pallets shall be stored on the property seven (7) days after they are no longer used. (Ord. 401, 7-19-2005; amd. Ord. 592, 9-17-2024)
12-7A-6: ACCUMULATIONS AND HAZARDOUS MATERIAL:
A. Accumulations: Rubbish, garbage, or other hazardous and dangerous materials shall not be stored or allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means of egress.
B. Hazardous Material: Hazardous substances, refuse, pollutants and contaminants, as those terms are defined by federal, state, and local laws, shall not be accumulated or stored unless storage complies with the applicable requirements of all laws, rules and ordinances pertaining to the activity, including, but not limited to, the city’s building code and the city’s fire prevention code. (Ord. 401, 7-19-2005; amd. Ord. 592, 9-17-2024)
12-7A-7: RUBBISH AND GARBAGE:
A. Accumulation Of Rubbish And Garbage: All exterior property, and the interior of every structure, shall be free from any unreasonable accumulation of rubbish and garbage causing a nuisance.
B. Disposal Of Rubbish: Every occupant of a structure shall reasonably store and dispose of all rubbish and garbage in a clean and sanitary manner in accordance with all laws.
1. Screening: Garbage and recycling containers shall be either: a) stored inside a dwelling or other residential accessory structures not visible from the public street or adjoining neighbors; or b) stored outside fully screened by landscaping or fencing materials keeping the garbage and recycling containers from being visible from the public street or adjoining neighbors.
C. Curbside Collection: Appliances, furniture and similar items shall not be left outside for collection and disposal for more than seventy two (72) hours. Appliances not awaiting collection and disposal shall not be placed outside.
D. Garbage Cans: Garbage cans may be put out for collection the night before and must be retrieved the next evening. (Ord. 401, 7-19-2005; amd. Ord. 592, 9-17-2024)
12-7A-8: STORM DRAINAGE:
A. General: Storm water runoff and drainage of roofs and other hard surfaced areas, yards, courts, and other open areas on the property shall not be allowed to occur in a manner that creates a public nuisance. (Ord. 401, 7-19-2005; amd. Ord. 592, 9-17-2024)
12-7A-9: TEMPORARY GOAT GRAZING:
A. The temporary and periodic use of a limited number of goats for invasive and noxious vegetation control on residential properties is permitted subject to the review and approval of a Prescribed Goat Grazing Permit, as per City Code Title 5-3-11
. (Ord. 566, 7-6-2021; amd. Ord. 592, 9-17-2024)
12-7A-10: ABATEMENT AND ENFORCEMENT 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 property.
B. Notice To Abate: Whenever, in the judgment of city council or the officer charged with enforcement of this chapter, it is determined that a violation hereof is being maintained or exists within the city, such officer shall notify in writing the person committing or maintaining such violation and the owner of the property and require them to remedy such violation and to remove such conditions or remedy such defects. Such written notice shall be delivered to the person committing or maintaining violation and the owner of the property or may be delivered by mail. If the property is not occupied and the address of the owner is unknown, service on the owner may be accomplished in the manner specified for service in rule 4 in the Minnesota rules of civil procedure, except in the case of an emergency and then in such case, service shall be accomplished after posting such notice for twenty four (24) hours. Such notice shall require the owner or occupant of the property, or both, to take corrective steps within a time as defined by the officer charged with enforcement to remedy such violations, such steps and time to be designated in the notice, but the maximum time to remedy a violation after service of such notice shall not exceed one hundred twenty (120) days. In the case of severe financial or physical hardship, the council may grant an extension to the time limit. Said violation shall be corrected “immediately” in the case of imminent danger to the public health, safety, or welfare. Service of notice may be proven by filing an affidavit of service in the office of the city clerk setting forth the manner and time thereof.
C. Report Of Failure To Abate: When notice so given is not complied with, such noncompliance shall be reported forthwith to the city for such action as may be necessary and deemed advisable to abate and enjoin further continuation of such nuisance, including referring the matter to the city’s prosecuting attorney to pursue a judicial remedy on behalf of the city. A violation of this chapter shall be subject to a penalty as provided in section 1-4-1
of this code.
D. Abatement By City: In the event the city chooses to abate said violation, the city shall adopt a resolution setting forth the specific details of the corrective matters to be taken. A copy of the resolution shall be sent to the property owner by certified mail and if the violation is not abated within ten (10) days of the mailing of said resolution, the city shall take all actions necessary to abate said violation, keeping accurate records of the cost of the same.
E. Costs To Owner: The finance director shall prepare a bill and mail it to the owner of the property for the costs incurred by the city, including, but not limited to, administrative costs, attorney fees and costs and the costs of any outside contractor engaged by the city to correct such violation, and thereupon the amount shall be immediately due and payable to the city (the “bill”).
F. Costs A Special Tax: If the bill is not paid to the city within twenty (20) days after the mailing of the bill, the city clerk shall extend the costs of abating the violation as a special tax against the property upon which the violation 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. The city council may specify an additional penalty for such special tax collections. (Ord. 401, 7-19-2005; amd. Ord. 566, 7-6-2021; Ord. 592, 9-17-2024)
12-7B-1: FINDINGS AND PURPOSE STATEMENT:
A. The city council finds that it is in the best interest of the city to protect the public health, safety, and general welfare of its citizens. To this end, the city believes that by adoption of these commercial/industrial property maintenance regulations, it will further the following objectives:
1. To preserve the value of commercial and industrial property within the city;
2. To protect the character and stability of commercial and industrial areas of the city;
3. To provide for minimum standards of maintenance for commercial/industrial properties within the city and ensure compliance;
4. Provide a mechanism to place conditions upon those commercial/industrial properties which do not comply with the standards of maintenance established herein;
5. Assist in correction of dangerous or life threatening conditions that may be identified within the city;
6. Provide a mechanism to mitigate potential public health issues identified within the city. (Ord. 444, 11-20-2012; amd. Ord. 592, 9-17-2024)
12-7B-2: BUILDING AND STRUCTURE APPEARANCE AND SAFETY REQUIREMENTS:
A. Building Material Condition: Any building or structure, including retaining walls, is a public nuisance if its exterior does not comply with the following requirements:
1. All exterior property shall be maintained in a clean, safe, and sanitary condition.
2. No part of any exterior building surface shall have significant deterioration including, but not limited to, holes, breaks, gaps, or loose or rotting materials. All exterior surfaces of the structure including, but not limited to, doors, door and window frames, cornices, porches and trim, shall be maintained in a good and safe condition. Exterior wood surfaces on the structures, other than decay resistant woods, stucco or other materials that do not normally require protection from the elements shall be protected from the elements and decay by staining, painting or other protective covering or treatment or other appropriate method acceptable to the city. With regard to broken windows, repair shall require replacement of all broken glass.
B. Premises Identification: All buildings shall have address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be arabic numerals. Numbers shall be a minimum of four inches (4") in height or larger as necessary to ensure visibility.
C. Architectural Elements: All architectural elements including, but not limited to, cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. (Ord. 444, 11-20-2012; amd. Ord. 592, 9-17-2024)
12-7B-3: MAINTENANCE REQUIREMENTS FOR VACANT BUILDINGS:
A. Maintenance:
1. Any vacant building or structure in the city that is found by an authorized employee or agent of the city to be dangerous to public safety or health by reason of the following is hereby declared to be a public nuisance and a hazardous structure or condition:
a. Damaged by fire, storm or vandalism
b. Defective chimneys or stovepipes
c. Dilapidated condition or decay, or
d. Any other defect endangering the public safety or health.
2. Any vacant structure which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested, presents environmental health risks or which lacks provisions for safe illumination, ventilation, or sanitary facilities to the extent that the defects create a hazard to the health, safety, or welfare of the public, may be declared unfit for human habitation or unsafe to the public by the city.
3. Whenever any vacant building has been declared unfit for human habitation or unsafe to the public, the city may proceed to declare the building a hazardous building or hazardous property and may seek to correct or remove the hazardous condition as authorized by Minnesota law.
B. Security Measures: Vacant buildings violating the terms of subsection A of this section shall be secured in accordance with Minnesota state statutes 463.251 and applicable building code requirements.
1. Windows and doors shall be covered to prevent entry within a frame, and with covering materials that are designed to complement or match those of the existing building.
2. Any part of the building, such as walls or roof, which is damaged in such a way as to allow possible entry, shall be repaired with materials that match the materials used for that part elsewhere on the building, and in a manner which masks the visible impression of vacancy. (Ord. 444, 11-20-2012; amd. Ord. 592, 9-17-2024)
12-7B-4: LANDSCAPING AND GROUNDS MAINTENANCE:
A. Vegetation, Trimming And Replacement (Trees And Shrubs): The owner and any respective agents responsible by contract or law for property maintenance shall be jointly and severally responsible for the planting, trimming and maintenance of all site trees and shrubs in a condition presenting a healthy, neat and orderly appearance which is free from refuse and debris.
B. Fencing: Any fence is a public nuisance if it does not comply with the following requirements:
1. The fence shall be firmly fastened and anchored in order that it is not leaning or otherwise in any stage of collapse.
2. The fence shall be maintained in sound and good repair and free from deterioration, loose or rotting pieces, or holes, breaks, or gaps not otherwise intended in the original design of the fence. The fence shall be free from any defects or condition which makes the fence hazardous.
3. All exterior wood surfaces of any fence, other than decay resistant woods, shall be protected from the elements by paint or other protective surface covering or treatment, which shall be maintained in good repair to provide the intended protection from the elements.
4. No fence section shall have peeling, cracked, chipped or otherwise deteriorated surface finish, including, but not limited to: paint or other protective covering or treatment, on more than twenty percent (20%) of any one linear ten foot (10') section of the fence. (Ord. 444, 11-20-2012; amd. Ord. 592, 9-17-2024)
12-7B-5: SIGNS AND LIGHTING:
A. Signage: All signs shall be maintained in a safe, presentable and good structural condition at all times. Maintenance shall include painting, repainting, cleaning, replacement or repair of defective parts, replacement of missing letters and other necessary acts. Any sign which the city finds is in a dangerous or defective condition shall be removed or repaired by the owner of the sign or the owner of the premises on which the sign is located.
B. Exterior Lighting: All light fixtures shall be maintained in good repair. Lights for illuminating parking areas, loading areas or yards for safety and security purposes shall be maintained in such a manner that the maximum illumination levels established within the city’s zoning regulations are not exceeded. (Ord. 444, 11-20-2012; amd. Ord. 592, 9-17-2024)
12-7B-6: RUBBISH, GARBAGE, AND TRASH:
A. Accumulation And/Or Storage Of Rubbish And Garbage: All exterior property areas shall be free from any unreasonable accumulation of rubbish and garbage.
B. Disposal Of Rubbish: Every occupant of a structure shall reasonably store and dispose of all rubbish and garbage in a clean and sanitary manner in accordance with all laws, including, but not limited to, title 4, chapter 2 of this code.
C. Screening: Garbage and recycling containers shall be either: 1) stored inside a building such that they are not visible from adjacent public streets or adjoining properties; or 2) stored outside but fully screened from view of adjacent public streets or adjoining properties by landscaping or fencing materials.
D. Collection: Discarded materials and equipment shall not be left outside for collection and disposal for more than seventy-two (72) hours. Materials and equipment not awaiting collection and disposal shall not be placed outside. (Ord. 444, 11-20-2012; amd. Ord. 592, 9-17-2024)
12-7B-7: TEMPORARY GOAT GRAZING:
A. The temporary and periodic use of a limited number of goats for invasive and noxious vegetation control on commercial or industrial properties is permitted subject to the review and approval of a Prescribed Goat Grazing Permit, as per City Code Title 5-3-11
. (Ord. 566, 7-6-2021; amd. Ord. 592, 9-17-2024)
12-7B-8: ABATEMENT AND ENFORCEMENT 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 property.
B. Notice To Abate: Whenever, in the judgment of city council or the officer charged with enforcement of this chapter, it is determined that a violation hereof is being caused or exists within the city, such officer shall notify in writing the person committing or maintaining such violation and the owner of the property and require them to remedy such violation and to remove such conditions or remedy such defects. Such written notice shall be delivered to the person committing or maintaining violation and the owner of the property or may be delivered by mail. If the property is not occupied and the address of the owner is unknown, service on the owner may be accomplished in the manner specified for service in rule 4 in the Minnesota rules of civil procedure, except in the case of an emergency and then in such case, service shall be accomplished after posting such notice for twenty-four (24) hours. Such notice shall require the owner or occupant of the property, or both, to take corrective steps within a time as defined by the officer charged with enforcement to remedy such violations, such steps and time to be designated in the notice, but the maximum time to remedy a violation after service of such notice shall not exceed one hundred twenty (120) days. In the case of severe financial or physical hardship, the council may grant an extension to the time limit. Said violation shall be corrected “immediately” in the case of imminent danger to the public health, safety, or welfare. Service of notice may be proven by filing an affidavit of service in the office of the city clerk setting forth the manner and time thereof.
C. Report Of Failure To Abate: When notice so given is not complied with, such noncompliance shall be reported forthwith to the city for such action as may be necessary and deemed advisable to abate and enjoin further continuation of such nuisance, including referring the matter to the city’s prosecuting attorney to pursue a judicial remedy on behalf of the city. A violation of this chapter shall be subject to a penalty as provided in section 1-4-1
of this code.
D. Abatement By City: In the event the city chooses to abate said violation, the city shall adopt a resolution setting forth the specific details of the corrective matters to be taken. A copy of the resolution shall be sent to the property owner by certified mail and if the violation is not abated within ten (10) days of the mailing of said resolution, the city shall take all actions necessary to abate said violation, keeping accurate records of the cost of the same.
E. Costs To Owner: The finance director shall prepare a bill and mail it to the owner of the property for the costs incurred by the city, including, but not limited to, administrative costs, attorney fees and costs and the costs of any outside contractor engaged by the city to correct such violation, and thereupon the amount shall be immediately due and payable to the city (the “bill”).
F. Special Assessment: If the bill is not paid to the city within twenty (20) days after the mailing of the bill, the city clerk shall extend the costs of abating the violation as a special assessment against the property upon which the violation was located, and such special assessment shall, at the time of certifying taxes to the county auditor, be certified for collection as other special taxes and assessments are certified and collected. The city council may specify an additional penalty for such special assessment collections.
G. Alternative Means Of Enforcement: This section provides an alternative means of enforcement of the terms of this chapter, and nothing in this section shall be construed in such a way as to limit or restrict the city’s right to pursue available remedies under other law, including civil or criminal proceedings, as may be applicable. (Ord. 444, 11-20-2012; amd. Ord. 566, 7-6-2021; Ord. 592, 9-17-2024)