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Chapter 4 Regulation of Street, Sidewalks, Subsurface and Public Grounds.

 

 

            SECTION 4.10  NOTICE OF STREET OR ALLEYS PAVING.

 

                        Subd 1.  That whenever a resolution is duly adopted by the City Council for the paving of any street or alley, the City Administrator shall, upon being so directed by the City Council, give published and mailed notice to all owners of property fronting upon the portion of streets or alleys to be paved or benefited thereby to install such water and sewer connections between the curb line of such property and the city water mains and main or lateral sewers upon said streets at the cost to said property owners within the time designated in said notice, which shall not be less than thirty (30) days from date of said notice.  Publication shall be in the official paper of the City for two successive weeks and shall state that such pavement is to be laid and the time within which such property owners are required to install such water and sewer connections.  Such notice may be general as to the names of the owners but shall give specifically the description of the lots and the parcels of ground in front of which such pavement is to be laid and which are benefited thereby.  All connections made or to be made under the provisions of this Section shall be in accordance with the Section now in force with reference to water and sewer connections in said City.  "Owner" as used in this Section shall be construed to mean the person or corporation shown to be such on the records of the Lyon County Treasurer.

 

                        Subd 2.  In case such connections shall not be made in the manner and within the time specified in said notice, the City Council of the City may order the same to be made and the necessary work done by such persons as the City Council may contract with, and under the direction of the City Council at the expense of the lots or parcels of ground adjoining said portions of streets or alleys.

 

No more than one (1) water and sewer connection shall be made by the City under the provisions of this Section for each lot in the residence portion of the City and where the lands affected are unplatted, no more than one (1) such connection for each seventy-five (75) feet of frontage.  No more than one (1) sewer or water connection shall be made for each twenty one (21) feet of frontage in the business portion of the City.  The owner of said property may request in writing the placing of water and sewer connections in some other manner or that no connections whatever be made.  No person shall be permitted to open or dig up the pavement upon said streets or alleys for the purpose of laying such sewer or water connections to abutting property for a period of five (5) years after such pavement has been laid, or in any event no more than once in five (5) years.  The provisions of this Section shall not apply to repair of leaks in the water and sewer mains or connections therewith.

 

                        Subd 3.  It shall be a misdemeanor for any person to violate the provisions of this Section.

 

 

 

            SECTION 4.20  EXCAVATION IN STREETS OR OTHER EASEMENTS.

 

                        Subd 1.  To regulate all Sections which require a permit to excavate in the streets and other easements City, County, State and Federal, in the City of Tracy, every permit applicant, contractor or utility company, shall comply with the following provisions:

 

                                    A.  The affected property owner shall submit an amount in accordance with the yearly rate set by an annual resolution as a deposit with the City Administrator upon application for a permit to excavate a street or alley.

 

                                    B.  In lieu of such deposit, a utility company, including but not limited to Northern States Power Company, Northwestern Bell Telephone Company, Harmon Cable Company and Peoples Natural Gas shall be required to supply a performance bonding the amount of not less than One Thousand and no/100ths ($1,000.00) as security for all such openings or excavations to be made in streets or other easements.  Said performance bond shall be issued for a period of twelve (12) months, and renewed on an annual basis.  A utility company shall notify the City Administrator's office by prior twenty-four (24) hours notice each time an opening or excavation is made in City streets or other easements, and the City Administrator shall give written permission therefore.  The exception to this notice requirement is an emergency which is defined as an unforeseen combination of circumstances or the resulting state thereof which calls for immediate action.

 

                                    C.  Affected property owner, contractors and utility company shall be responsible for restoring excavation sites to its original condition.  Street and alley excavation sites shall be filled with gravel.  All restoration sites shall be subject to the approval of the Public Works Department.  The Public Works Department shall order any unsatisfactory restoration to be redone at the expense of the responsible party.  If restoration is not completed within fifteen (15) days, the City shall restore the street or easement to its original condition and bill the responsible party for any costs incurred.

 

                                    D.  The contractor or utility company shall properly dispose of all debris created by the excavation, furnish all material and labor to fill the excavation and notify the Public Works Department of the repair of the hard surfaced street or alley.

 

                        Subd 2.  Upon completion of repair the Public Works Department shall submit its billing for all labor and material used on the project to both the City Administrator and affected property owner, contractor or utility company.

 

                        Subd 3.  It is a misdemeanor for any affected property owner to not apply for a permit prior to any excavation of the streets, or other easements in the City, and for a contractor or utility company to not fulfill his/its responsibilities in the manner described herein.  Any deposit shall be subject to forfeiture to the City without court action if all conditions are not fulfilled.

 

                       

 

            SECTION 4.30.  SEWER CONNECTIONS AND SEWER DAMAGE.

 

                        Subd 1.  The Director of Public Works, shall have the general control and supervision of the sewers of said City, except as is hereby provided so that a proper and efficient system shall be maintained.

 

                        Subd 2.  The Director of Public Works shall keep a permanent record of all sewers and its connections, which now or hereafter may be built by said City, or which may be permitted to be built by

 

 

the City and shall have control of its building and repair of any nature, except in cases where the City Council by resolution, employs some other party.

 

                        Subd 3.  All sums paid by any person or persons for license or permits as provided for in this Section, shall be paid to the City Administrator which receipt shall be filed with the Director of Public Works before construction.

 

                        Subd 4.  No connection shall be made with any sewer in said City, except by licensed persons to do that work.  Every such license issued under the provisions of this Section shall expire one year from its date or it may be suspended or revoked at any time by the City Council upon proof of willful failure or neglect of the licensee to observe the rules and regulations prescribed by any Section or resolution passed by the City Council relating to streets and sewers, or to obey any reasonable direction given by the Director of Public Works relative to the performance of any service undertaken by such licensee in connection with the sewers of said City.

 

                        Subd 5.  No connection shall be made with any of the sewers of the City, without first securing written permission therefore from the Director of Public Works.  After any connection has been laid from any public sewer to the street line said pipe shall in no instance be covered until the Director of Public Works has inspected and approved the same.

 

                        Subd 6.  Said Director of Public Works shall have the right to enter upon any premises in said City drained by any drain or sewer and connected with the public sewer at all reasonable times for the purpose of ascertaining whether the provisions of the City Code in regard to sewers or drain are in compliance and if found that such sewer or drain or any of its attachments do not conform to the provisions of the City Code the owner of said premises or his agent shall be notified.  Thereupon said owner or agent shall cause said sewer or drain or attachments to be so altered, repaired or rebuilt so as to conform to the requirements of law relative thereto within 15 days from the time of such notice.

 

                        Subd 7.  No person licensed to make connections with the sewers or drains in the City shall allow his name to be used by any other person, either for the purpose of obtaining permits or doing any work under such person's license; every person licensed under this section shall record in the office of the Director of Public Works, his place of business, the name under which such business is transacted and shall immediately notify such Director of Public  Works of any change.

 

                        Subd 8.  It is a misdemeanor for any offal, garbage, dead animals, kitchen slops or any substance or obstructions to be placed, thrown or deposited in any man-hole or flush tank or for any person damaging, breaking or removing a portion of any catch-basin, covering flag, gutter, grading, flush tank or man hole or any part of any sewer or drain or obstructing the mouth of any such sewer or drain.

 

                        Subd 9.  No steam exhaust or blow-off shall be connected with any soil pipe, waste pipe or drain which connects with the public sewer nor shall any cesspool be permitted to drain into any public sewer.

 

                        Subd 10.  No waste from dye, clothes cleaning or other establishment using naphtha, gasoline or other inflammable liquids shall be drained or permitted to enter any public sewer.

 

                       

 

                      Subd 11.  A grease trap or grated slop basins shall be constructed under the sink of every laundry, hotel, restaurant or any other public place in said City.

 

                        Subd 12.  All refuse from butcher shops, rendering establishments, packing houses, creameries and saloons must be intercepted by some approved form of grease trap or grated slop basin or an approved form of septic tank.

 

                        Subd 13.  A catch basin to be approved by the Director of Public Works shall be provided for all water from stabled, garages and any other public place where cars and trucks are customarily washed and cleaned, to prevent mud, straw and other refuse from entering any sewer or drain.

 

                        Subd 14.  It is a misdemeanor for any person who shall violate any of the provisions of this Section where no other penalty is provided.

 

                        Subd 15.  Whenever any sewer or drain connected with the public sewer or drain in the City becomes broken or out of order, or shall for any reason interfere with the use of the public sewers or drains or be unfit for the purpose of drainage, the owner, agent, occupant or person or persons having charge of any building, yard or other premises which are drained by said sewer or drain shall, when directed by the Director of Public Works, alter, repair, clean out, remove or rebuild said sewer or drain as the Director of Public Works may direct.  In case of the neglect or refusal of such person to comply with the orders of the Director of Public Works in that respect for a period of three (3) days, such person shall be subject to a fine of not less than an amount in accordance with the yearly rate set by an annual resolution for each and every day that he fails to so remove, rebuild, repair, alter or clean the same and the Director of Public Works may cause it to be done and shall recover from the owner or agent the whole amount of the expense thereof together with 10 per cent (10) damages by an action brought in the name of the City before any court having jurisdiction of such action.

 

                        Subd 16.  It is a misdemeanor for any owner, agent, occupant or other person having charge of any building, yard or other premises, which are drained into any public sewer or drain in the City, to permit any substance or matter which may form a deposit or obstruction in any such sewer or drain to flow or pass into the same and such person shall, when directed by the Director of Public Works, equip his drain or sewer with a sufficient catch basin, grate slop basin or grease trap or septic tank, or if one is already attached to such sewer or drain, he shall then clean out, repair or alter the same and provide such other means as shall prevent any substance or matter from passing into such sewer or drain which may cause a deposit or obstruction therein.

 

                        Subd 17.  In case of the neglect or refusal of any such person to provide a sufficient catch basin, grated slop basin, grease trap or septic tank or to clean out, alter or repair the same, for the space of five (5) days after notice to do so, the Director of Public Works shall cause to be constructed a suitable and sufficient catch basin, grated slop basin, grease trap or septic tank or cause the same to be repaired, altered or cleaned out and provided with such other means as shall prevent any substance or matter from passing into the sewer or drain which may cause a deposit or obstruction therein, as he may deem expedient, at the expense of such owner agent, occupant or other person having charge of the premises and shall recover from such person the whole amount of the expense thereof and in addition thereto.

 

                       

 

                         Subd 18.  It shall be the duty of the Police Department of the City in all cases where they may find any person or persons engaged in breaking ground for the purpose of making connections with

the sewers or drains of the City or making any other street excavations whatever, to ascertain if such persons are duly licensed to perform such work and in the event that such person is not duly licensed and cannot exhibit to the Police a permit for such work to order such person or persons to abandon such work.  A failure to comply with orders of the Police Department is a misdemeanor.

 

 

 

            SECTION 4.40  ASSESSMENT OF BENEFITS FOR ALL SURFACE AND SUBSURFACE IMPROVEMENTS.

 

SECTION 1:  The City Council finds that the assessment policies contained in §4.40 of the Tracy City Code can be more flexible amended, at less cost, if said policies are incorporated into a statement of policy, rather than in ordinance form.  Deletion of said Code section, and passage of a statement of policy covering assessment policies, would, therefore, be appropriate and in the public interest, and would not materially change the effectiveness of said assessment policies.

 

SECTION 2:  Tracy City Code §4.40, entitled “ASSESSMENT OF BENEFITS FOR ALL SURFACE

AND SUBSURFACE IMPROVEMENTS”, is hereby repealed.

 

                        Subd 1. PURPOSE:  The provisions of this Section shall conform with the procedures specified by the appropriate Minnesota Statutes which regulate and control the making of public improvements.  These provisions shall be applicable to all lands within the City, whether platted or unplatted and shall be complimentary to the Subdivision regulation of this Code.

 

                        Subd 2. POLICY:  The City Council of the City of Tracy hereby declares that these assessment policies contained herein, are policies that the City of Tracy is dedicated to follow, as nearly as possible and practical.

 

Whenever a new public improvement is initiated, either by petition or by the Tracy City Council, the property owners of the benefited property shall be assessed 100 per cent (100%) of all project costs, except as hereinafter provided.

 

Whenever an existing improvement is proposed to be replaced, the assessments to be levied therefore shall be the proportionate share of costs based on the ratio of the age of the improvement to the adjudged usable life expectancy.

 

                        Subd 3.  INITIATION OF PUBLIC IMPROVEMENTS:  Public improvements may be initiated by a petition from not less than 35 per cent (35%) of the affected property owners.  Public improvements may also be initiated by the Tracy City Council when in its judgment such action is required.

 

                        Subd 4.  DEFINITIONS:

 

                                    A.  Project Costs.  Shall be deemed to include the costs of all necessary construction, engineering, legal, fiscal and right-of-way costs, administrative financing and other contingent costs, required to accomplish the improvements.

 

                                    B.  City Costs.  City owned properties which are assessable on the same basis as if such property was privately owned including municipal building sites, parks, playgrounds, but not including public streets and alleys and that amount of improvement costs which in the discretion of the City Council is to be paid with ad valorem taxes.

                             

                                  C.  System Charge.  That portion of the City's prior expenditure which are chargeable to the area benefited by the current extension of an improvement.

 

                                    D.  System Cost.  Increased project costs due to an improvement being designed to service an area beyond that of direct benefit.

 

                                    E.  Assessable Cost.  Those costs of the improvement, which in the opinion of the Tracy City Council, are attributable to, and are based upon the benefit received by the property benefited by the improvement.

 

                                    F.  Streets.

 

                                                1.  New Construction.  Initial installation, including, but not limited to, excavation, gravel base, curb and gutter, and pavement construction.

 

                                                2.  Widening.  Any extension of the existing  road surface and necessary removal and replacement of the curb and gutter.

 

                                                3.  Patch-Overlay Procedure.  Any rehabilitation or repair of existing road surface including, but not limit to, new bituminous, and replacement of base.

 

                                                4.  Rebuilding of Existing Streets.  Removal of the existing bituminous pavement, excavation, installation of gravel base and bituminous pavement of not less than one (1) block in length.

 

                                    G.  Residential Property.  Any lot wherein a building or structure is used primarily as a single family dwelling.

 

                                    H.  Multiple Dwelling Residential.  Any apartments, rowhouses, townhouses, dormitories, and other buildings of two or more dwelling units.  This definition shall include any institutional use of buildings or structures.

 

                                    I.  Commercial.  All retail stores and offices and those structures used for activities by reason of traffic considerations, marketing characteristics, area requirements and other characteristics inherent in those uses.

 

                                    J.  Industrial.  Those buildings or structures which are intended for administrative, wholesaling, manufacturing and other related uses.

 

 

                        Subd 5. CLASSIFICATION AND SERVICE LIFE OF IMPROVEMENT TO EXISTING STRUCTURES:

 

            Public improvements shall be either of the two (2) categories below and shall have a normal usable life expectancy as described below:

 

                                    A.  Surface Improvements

 

                                                1.   Installation and grading gravel coating - no limit

 

                                                2.   Sidewalks - no limit

 

                                                3.         Bituminous street overlay - no limit

 

                                                4.         Concrete curb and gutter - 30 years

 

                                    B.  Subsurface Improvements

 

                                                1.         Water mains - no limit

 

                                                2.         Sanitary sewers - no limit

 

                                                3.         Storm sewers - 40 years

 

                        Subd 6.  STANDARD DESIGN FOR IMPROVEMENTS

 

  1. Residential Streets - 36 foot width, axle load bearing capacity of five (5) tons.

 

  1. Residential Alleys - 16 foot width, axle load bearing capacity of five (5) tons.

 

  1. Central Business District Alleys - 20 foot width, axle load bearing capacity of nine (9) tons.

 

  1. Residential Water Mains, hereinafter referred to as local service laterals - six inches (6").

 

  1. Residential Sanitary Sewer, hereinafter referred to as local sanitary sewer service laterals - eight inches (8").

 

                                    F.  Trunk Water Lines - any line larger than six inches (6").

 

  1. Trunk Sewer Lines - any line larger than eight inches (8") or deeper than ten feet (10") to serve a larger than local area.

 

                                    H.  Storm Sever - design shall be based on five (5) year frequency.

 

                        Subd 7.  ASSESSMENT POLICIES APPLICABLE TO ALL TYPES OF

                                       IMPROVEMENTS.

 

                        Where an improvement is constructed which is of special benefit to properties within a definable area, it is the intent of the City Council that special assessments be levied against the benefited properties within that area to the extent that the costs of the project may be deemed to benefit the properties.   Property located outside of the City shall be assessed for all subsurface improvements if benefited, with payment on the assessment being deferred until annexation.  The following general principals shall be used as a basis for the City's assessment policy:

 

                                  A.  Where a current improvement is installed as an extension of an existing improvement in which the City through the use of sources other than special assessments, has participated in the cost of such existing system, and where the area served by such current improvement can be shown to benefit directly from the City's prior expenditures, the special assessments levied against the properties served by the newly extended improvement shall include a system charge equal to that portion of the City's prior expenditures which, in the opinion of the Tracy City Council are chargeable to the area benefited by the current extension.

 

                                    B.  Where an improvement is designed for service of an area beyond that of direct benefit, increased project costs due to such provisions for further service extensions shall be funded by the City to be assessed as a system cost.  The system cost may be funded by the City to be assessed as a system charge or may be assessed to the area of future benefit immediately.

 

                                                 C.  Where some of the affected property is unplatted and undeveloped and later is to be subdivided or otherwise made available for building sites, or where a trunk main cannot be immediately used because of absence of local service laterals the Tracy City Council has the option to use subsections (A) and (B) of this Subdivision or use deferred assessments.

 

                                    D.  Where the project cost of an improvement is not entirely attributable to the benefit of the area served by said improvement or where unusual conditions beyond the control of the owners of the property in the area served by the improvement would result in an inequitable distribution of special assessments, the City through he use of other funds, will pay such City costs which in the opinion of the City Council of Tracy, represents the excess cost not directly attributable to the area served.

 

                                    E.  If financial assistance is received from the United States Government, the State of Minnesota, or any other source to defray a portion of the costs of a given improvement, such aid will be used first to reduce the City cost of the improvement.  If the financial assistance received is greater than the normal City costs, the remainder of the aid will be used to reduce the special assessments against the benefiting properties, such reductions to be applied on a pro-rated basis.

 

                                    F.  Assessable Costs shall be equal to the Project cost of the current project as defined above, plus the System Charge as defined above, minus other financial assistance credited as described above.

 

                                    G.  In no event shall the amount of the special assessment levied against any property exceed the benefit to such property by such improvement, measured by the increase in market value of such property resulting from the improvement.  If the City Council determines that, in a proposed assessment roll, the amount of the assessment exceeds the benefit to any such property, the Council shall reduce the assessment against such property and shall either pay the excess from general City funds or issue an amended assessment roll, as the Council determines equitable.

 

 

                        Subd 8.  ASSESSMENT POLICIES APPLICABLE TO SPECIFIC IMPROVEMENTS.

 

                                    A.  STREETS.                                   

 

                                               1.  New Construction.  New construction of streets and alleys shall be assessed 100 per cent (100%).  Whenever it is necessary for the City to require construction of a street with a width in excess of 36 feet, or with an axle load bearing capacity of more than five (5) tons, in any area where residential property is located, the City of Tracy shall only assess those residential properties the cost which would have been incurred had the standard design for residential streets been utilized.  In the event such construction is ordered, the City Council shall make specific findings regarding the necessity for such variance in design.

 

                                                1A.  Corner Building Site.  After May 1, 1996, in the event of front street improvement involving new construction, the total front footage of corner residential building sites shall be assessed.  In the event of side street improvement involving new construction, the side footage of corner residential building sites shall be assessed one-third (1/3) of the side footage up to 120 feet, plus all side footage in excess of 120 feet.

 

                                                2.  Widening.  Whenever it is necessary for the City to require widening of a street in excess of 36 feet, or with an axle load bearing capacity of more than five (5) tons, in any area where residential property is located, the City of Tracy shall only assess those residential properties the cost which would have been incurred had the standard design for residential streets been utilized.

 

                                                3.  Subsequent to a property owner being assessed for new construction, the City shall pay 75 per cent (75%) and the abutting property owner shall be assessed 25 per cent (25%) of the total costs of patch-overlay procedure or rebuilding of existing streets regardless of the width of the street.

 

                                                4.  Intersections shall be included as part of the Project Costs.  The assessment method for all surface improvements, other than new street construction, shall be based on front footage or side footage.  Frontage on curved lots shall be the width at the building set back.

 

                                                5.  Installation of service lines made after the street has been improved shall be bored unless otherwise approved by the Tracy City Council.

 

                                    B.  STORM SEWER.

 

The City shall pay one-half (50%) of each and all storm sewer project costs from ad valorem tax revenue.  The remaining one-half (50%) of each and all storm sewer project costs shall be assessed to the benefited area in the following manner:

 

The basic assessment rate shall be determined by dividing the balance of the project costs with the net square footage of the benefited area after street right-of-way square footage has been deducted.

 

The basic assessment rate shall be multiplied by the relevant following land use property runoff factor to determine each parcel assessment:

 

                        LAND USE                                                                FACTOR

 

Commercial and Industrial                                                    2.3

 

 

Multiple Dwelling Residential and Institutional                    1.7

 

Single Family Residential                                                       1.0

 

Planned Open Space                                                               0.6

(Parks, Golf Courses, Cemeteries, etc.)

 

Zoning shall be used only for storm sewer design.  In the event a parcel is changed to a higher property runoff use, a supplemental assessment may be calculated for such parcel.

 

                                    C.  WATER AND SEWER.

 

Both water and sewer service laterals shall be assessed on a unit basis.  A unit is defined as a platted lot, an occupied parcel, or in undeveloped land, a one-half (1/2) acre parcel within 200 feet of the lateral.  Multiple family connections shall be 0.75 units per dwelling unit.

 

Trunk water and sewer mains shall be assessed on an area basis, with assessments being spread on the total area designed to be served by the main.

 

Whenever it is necessary for the City to construct water or sewer lines, service laterals or mains in excess of the standard design in any area where residential property is located, the City of Tracy shall only assess those residential properties the costs which would have been incurred had the standard design for residential water and sewer been utilized.  In the event such construction is ordered, the City Council shall make specific findings regarding the necessity for such variance in design.

 

                                    D.  SIDEWALK.

 

                                                            1.  Existing Sidewalks.  When any sidewalk improvement is ordered to be repaired or replaced, the City shall pay 75 per cent (75%) of the costs and the abutting property owners shall be assessed 25 per cent (25%) of he costs.  Assessments shall be computed on a front footage basis.  Sidewalk installation or repair shall require a permit from the City, and shall be installed according to standards established by the City.  The width of sidewalk replacement shall be determined by the Director of Public Works in order to maintain uniformity.  A fact sheet on such standards shall be given to the permit holder.

 

                                                2.  New Sidewalk Construction.  On streets where no sidewalk has been constructed heretofore, no sidewalk shall be constructed unless the entire City block in which the improvement is to be made shall be included in the same project.  New sidewalk construction shall be assessed 100%.

 

                        Subd 9. DEFERMENT OF ASSESSMENTS.

 

                                    A.  Deferral of Assessment Costs.  Any System charge that the Tracy City Council approves at the assessment hearing may be levied for but can defer the first installment of any assessment levied until a designated future year, the year to be determined by when direct benefit is realized.  At the time a deferred assessment becomes payable, it is divided into a number of installments such that the last installment shall be payable at a time determined by the Council.

 

                                   Interest shall accrue during the period of deferment or paid during the period when the assessment becomes payable.

 

                                    All assessments, for which the payment is deferred, are a lien on the property upon which the assessment is levied.

 

                                    B.  Deferment of Special Assessment For Senior Citizens.  The Tracy City Council, in accordance with Minnesota State Statutes 435.193 may defer the payment of any assessment for improvement projects defined herein on homestead property owned by a person who is 65 years of age or older for whom it would be a hardship to make the payments.

 

The option to defer the payment of special assessments for Senior Citizens shall terminate, and all accounts accumulated plus applicable interest shall become due upon the occurrence of any of the following events:

 

  1. The death of the owner when there is no spouse who is eligible for Senior Citizen deferment.

 

  1. The sale, transfer, or subdivision of all or any part of the property.

 

                                                            3.  The loss of homestead status on the property.

 

  1. Determination by the Tracy City Council for any reason that there would be no hardship to require immediate or partial payment.

 

 

                                    C.  Procedure To Obtain Deferred Assessment.  In accordance with Minnesota State Statute 435.193, the homeowner shall make application for deferred payment of special assessments on forms prescribed by the County Auditor of the County in which the homestead is located.  Where the deferred assessment is granted, the auditor shall record a notice thereof with the County Recorder said county which shall set forth the amount of the assessment the City Council of Tracy may determine by resolution, the amount of interest on the deferred assessment and this rate shall be recorded by the auditor along with and in the same manner as the amount of the assessment.

 

 

                        Subd 10.  NOTICES.

 

                                    A.  Notice of Final Assessment.  Immediately after the final assessment hearing, a notice of final assessment shall be mailed to all affected property owners by Certified Mail, Return Receipt.  Said notice shall include the amount of the assessment and outline payment options.

 

                                    B.  Notice of Right To Appeal.  Notice of a property owner's right to appeal shall be included in the certified mailed notice given for the final assessment hearing.

 

                       

                       Subd 11.  ADJUSTMENTS BY COUNCIL.

 

In the event the literal application of these provisions would result in an inequitable distribution of special assessments, the Council reserves the right after holding a hearing giving the affected individuals an opportunity to be heard, to adjust the provisions to achieve a more equitable distribution without a formal amendment.

 

                        Subd 12.  APPLICABILITY.

 

This section shall apply, when appropriate, to all new additions to the City of Tracy.

 

 

 

            SECTION 4.50 SIDEWALKS, CURBS, AND GUTTERS.

 

                        Subd 1. REMOVAL OF SIDEWALKS.

 

Sidewalks presently existing within the City of Tracy shall not be removed by any person without prior approval of the Tracy City Council.

 

                        Subd 2.  All sidewalks now in place or laid in the future will be maintained in good repair at all times.  The City may make inspections as necessary to determine that public sidewalks within the City are kept in repair and safe for pedestrians.  If it is found that any sidewalk abutting private property is unsafe and in need of repairs the City shall notify the property owner by certified mail.  If said repairs are not completed within 30 days after notification the City may call a public hearing to initiate general repairs.

 

                        Subd 3.  New and replaced sidewalks will conform to the specifications in Subd 4 of this Section and by any further specifications as set forth by the Director of Public Works.  Any sidewalks not in such conformance shall be removed by said director at the expense of the owner of the adjoining lot or tract of land to be recovered in a civil action.

 

                        Subd 4.  SPECIFICATIONS.

 

                                    A.  The minimum width for sidewalk which is not intended to be connected to any existing sidewalk shall be 48".  All new radius will be handicap accessible.  The City of Tracy will pay such portion as determined by Council.

 

                                    B.  All cement crossings and gutters hereinafter installed shall have an eight (8") gravel base.

 

                                    C.  All cement curbs hereinafter laid shall have an eight inch (8") gravel base and quality clay tamped on the inside of the curb to a height not to exceed three inches (3")  of the curb.  The remaining three inches (3") shall be filled with black dirt.

 

                                    D.  Drive-way ramps or approaches and handicap sidewalk approaches will conform to specifications as set forth by the Director of Public Works.

 

 

 

            SECTION 4.55  REPAIR AND COLLECTION OF COSTS FOR SIDEWALKS.

 

                        Subd 1.  Definition.  The term "current service" as used in this ordinance means repair of sidewalks.

 

                        Subd 2.  Repair of sidewalks.

 

                                    A.  The owner of any property within the City abutting a public sidewalk shall keep the sidewalk in repair and safe for pedestrians.  Repairs shall be made in accordance with the standard specifications as described in City Code Section 4.50 Sidewalks, Curbs, and Gutters.

 

                                    B.  The Director of Public Works shall make such inspections as are necessary to determine that public sidewalks within the City are kept in repair and safe for pedestrians.  If said Director finds that any sidewalk abutting on private property is unsafe and in need of repairs, the City Administrator shall cause notice to be served by certified mail, return receipt requested, upon the record owner of the property, ordering such owner to have the sidewalk repaired and made safe within ten (10) days and stating that if the owner fails to do so, the Director of Public Works shall do said repairs on behalf of the City, that the expense thereof shall be paid by the owner, and that if unpaid it shall be made a special assessment against the property concerned.

 

                                    C.  If the sidewalk is not repaired within ten (10) days after receipt of the notice, or an extension of time to make said repairs has not been approved by the City Administrator, the Director of Public Works shall report the facts to the Council and the Council by resolution order the Director of Public Works to repair the sidewalk and make it safe or order the work done in accordance with the law.  The Director of Public Works shall keep a record of the total cost of the repair attributable to each lot or parcel of property and report such information to the City Clerk/Administrator.

 

                        Subd 3.  Personal Liability.  The owner of the property adjacent to the sidewalk which is repaired by the current service 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/Administrator 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/Administrator.

 

                        Subd 4.  Assessment.  On or before August 1 of each year, the City Clerk/Administrator shall list the total unpaid charges for repair of sidewalks performed by current service against each separate lot or parcel to which said charges are attributable under this Ordinance.  After notice and hearing as provided in Minnesota Statutes Section 429.061, the Council may then spread the charges against property benefited as a special assessment under Minnesota Statutes, Section 429.101 and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the Council may determine in each case.

 

                        Subd 5.  Separability.  In case any section of this Ordinance is held invalid by a court of competent jurisdiction, the invalidity shall extend only to the section affected and other sections of the Ordinance shall continue in full force and effect.

           

 

SECTION 4.60      CLEARING OF SNOW AND ICE FROM SIDEWALKS.

 

                        Subd 1.  DEFINITION.  All property owners of record with adjacent sidewalks in the City of Tracy shall maintain said sidewalks free and clear from any accumulations of snow and ice.  Accumulations of snow and ice, hereinafter referred to as "accumulation", is defined herein as those amounts of snow and/or ice left standing on said sidewalks which are a hazard to pedestrians traversing said sidewalks.

 

                        Subd 2.  COMPLAINT PROCEDURE.  Any adult person may, by written complaint to the City Administrator, allege that a pedestrian hazard exists due to an accumulation at a particular location.  The complaint shall include the name and address of the complaint, the property address adjacent to the alleged hazardous accumulation and the name of the record owner and tenant, if known.  The City Administrator shall immediately cause written notice to be served either personally or by certified mail, return receipt requested, upon the record owner, describing the alleged hazardous accumulation and request either a written reply or the removal of the accumulation within forty-eight (48) hours after receipt of the notice.  Any tenant of the premises shall also be served with the notice.  In the event the record owner either fails to reply or remove the alleged hazardous accumulation within forty-eight (48) hours of receipt of said notice, the Director of Public Works may, in his discretion, cause said accumulation to be removed.  In the further event the record owner is known to be absent from the City and the premises has no tenant, the Director of Public Works may, without any notice, immediately cause said accumulation to be removed.  Absent from the City shall mean a known continuous absence of fourteen (14) days or discontinuance of water service prior to the City Administrator receiving the complaint.

 

                        Subd 3.  OWNER AND TENANT DATA.  The City Administrator shall provide, upon written request, the name and address of record owners and know tenants to implement the above procedure.

 

                        Subd 4.   STATEMENT OF COSTS.  The Director of Public Works shall immediately file with the City Administrator an itemized statement describing any costs of removal of said accumulation pursuant to Paragraph 2.  The City Administrator shall send, by certified mail, return receipt requested, a copy of said itemized statement to the record owner of the benefited property for payment within twenty (20) days of receipt.

 

                        Subd 5.  SPECIAL ASSESSMENT.  If said itemized costs of removal are not paid within twenty (20) days of receipt by the record owner, the City Administrator shall, by special assessment, levy said costs against the benefited property pursuant to Minnesota Statute Chapter 429 which is herein incorporated by reference.

 

 

            SECTION 4.70 PARK REGULATION.

 

                        Subd 1. DEFINITIONS.      The terms stated below shall have the definitions specified in this section.

                                    

 

                        A.        “Park” shall mean and include any area used as a park, playground area, bike trail,

                                     swimming pool, recreation center or facility, or any other area in the City owned

                                     or used by the City and devoted or designated to or for active or passive recreation

                                     either on a temporary or permanent basis.

 

  1. “Recreation program” shall mean any activity that is organized or recognized as a viable recreational program by the Community Education Director or City Administrator of the City of Tracy, including but not necessarily limited to ice hockey, ice skating, flag football, tennis and softball league games.

 

                        Subd. 2. PARK HOURS.     Parks shall be closed to general use by the public between the hours of 10:00 P.M. and 6:00 A.M., subject to the following  exceptions:

 

  1. A recreation program may use a park at any times set for the holding of the park program activity.

 

  1. In any park having a campground or allowing overnight camping, persons actually camping therein shall be permitted to use the immediate campground or campsite area overnight, subject to such other rules as may pertain to campground or campsite usage.

 

  1. The City Administrator may grant permission to named individuals or a group to use an area of a park for a specified usage during hours when the park would otherwise be closed to general usage.

 

  1. Persons may walk through parks on walkways or roadways at any hour.

 

 

Subd. 3. QUIET HOURS.    Regardless of the exceptions stated in Subd. 2 above, no park use shall be permitted between the hours of 10:00 P.M. and 6:00 A.M. in a park immediately adjoining a residential area or having a campground therein where such use would product noise or require the use of lighting that would, or would tend to, disturb the peace and quiet or interfere with sleeping hours of adjoining residents or campers. Persons using campgrounds or campsites shall, during the above hours, maintain a quiet use thereof, and loud conversation or singing, the use of radios, sound players, televisions, motors, generators and other sound producing devices, and lanterns shall be prohibited.

 

Subd. 4. CAMPING.            Overnight camping shall be limited to campsites at established campgrounds, or, with the permission of the City Administrator, to a designated area not ordinarily available for camping for single nights only. Campers shall pay the required fees for campsite use.

 

Subd. 5. PROHIBITED ACTIVITIES.      The following activities are prohibited in parks:

 

  1. Digging of any kind, or the cutting, breaking off or any other damage to trees, bushes, plants or other growth.

 

  1. The use of fireworks or firearms of any type, including fireworks whose use may otherwise be legal by state law in other areas of the City of Tracy, except for fireworks displays authorized by law via permit.

 

  1. Smoking or any other use of tobacco in any building, bathroom, or the Central Park ice rink shelter, or in or within 10 feet of the Central Park Bandshell or any covered picnic shelter.

 

  1. Climbing or jumping or any building, picnic shelter, backstop, fence, tree or picnic table.

 

  1. Use or display of any alcoholic beverages, including 3.2 beer.

 

  1. Use of the fenced basketball/tennis courts area at Central Park for activities other than playing basketball or tennis.

 

  1. Removing picnic tables from any park without having first obtained the permission of, and paid the appropriate fees to the appropriate City official.

 

  1. Committing or suffering to allow to be committed, any act otherwise prescribed by law.

 

  1. Using a park or any area therein while it is closed, entering or attempting to enter any locked building or building marked as closed, or entering a park after the person has been denied the right to do so as otherwise provided in this Section.

 

  1. Violate any posted or displayed park rule, or fail to abide by any restriction as to park use which was made as a conditions of any use granted to a person for a park or area thereof.

 

  1. Intimidating, or attempting to intimidate, by force of acts or words or otherwise, any person, including a City Public Works employee, into refraining from lawfully entering or remaining in a park or using any facilities therein, or unreasonably denying, or attempting to deny, others the ability to use, or share the use of, any park area or facilities or equipment in a park

 

  1. Use of motorized vehicles on any bike trail.

 

Subd. 6. RESERVATIONS IN PARKS.    Use of parks and facilities and equipment therein shall generally be on a first-come, first-served basis. Concurrent use by multiple persons or groups shall be permitted as reasonable circumstances allow. The City Administrator may allow, or set up procedures allowing, advance reservation of designated park areas or facilities or equipment therein, taking into due consideration the desirability of allowing as many people as possibly to make use of the parks and the need to avoid allowing certain persons or groups to, for extended periods, monopolize park use to the exclusion of others.

 

Subd. 7. EXCLUSION FROM PARKS.    In addition to penalties provided for elsewhere in this Section or by other law, a person who violates any provisions of this Section may be told by any

 

law enforcement officer to immediately remove themselves from a park or designated area therein, The officer may specify to the person involved a period of removal not to exceed 30 days. If the

 

officer determines that  a period of removal  in excess of 30 days may be warranted by the circumstances, he or she shall so advise the Chief of Police of the City, and if the Chief of Police so concurs, he or she shall report the matter to the City Administrator, who shall then promptly place the matter on the agenda for consideration by the City Council or such committee of the City Council consisting of not less than three (3) members thereof as may have previously been constituted for such purposes.  The person involved who may be excluded shall be mailed, by first-class mail directed to his or her last known mailing address, a written notice advising of the time and place of consideration of the matter by the City Council, or committee thereof, that the proceedings may result in imposition of a period of exclusion from the parks of the City, and that the person has a right to attend the proceedings and be heard. The proceedings may be informal and shall be open to the public. At the conclusion of the proceeding, the Council or committee may impose, by majority vote, a period of exclusion on the person involved from all of the parks in the City, or designated areas therein, such period to be of a specified length of time up to and including permanent exclusion. If a person told to remove or exclude themselves from a park or area thereof by action as provided for in this subdivision is a minor under the age if 18 years, a written notice of the removal or exclusion shall also be mailed, by first-class mail, to at least one parent or legal guardian of said minor.

 

Subd. 8. TEMPORARY CLOSURE OF PARKS.The Chief of Police, City Administrator, Public Works Director or City Forester of the City of Tracy may direct the closure of any park or area therein for good cause.

 

Subd. 9. VIOLATIONS.

 

  1. A violation of any provision in paragraphs C, D, E or F of Subd. 5 of this Section shall be a petty misdemeanor.

 

  1. A violation of any provision in this Section other than as specified in subparagraph A, above, shall be a misdemeanor.

 

 

SECTION 4.80 TRACY LANDFILL

 

             Subd 1.  PERMITTED MATERIALS.  The Tracy Landfill shall be depository for only yard and garden waste as defined herein:

 

                        “Yard and Garden Waste” means lawn clippings, scrub and tree trimmings, leaves and

                         Garden weeds and vegetables

            Subd 2.  POSTED HOURS.  Hours for delivery of permitted materials described in Section 1 shall be pursuant to resolution by the Tracy City Council which shall be posted at the entryway of the Tracy Landfill.

 

            Subd 3.   VOILATION.  Any violation of this emergency ordinance shall be a misdemeanor.