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2009 Ord No. 456 - 462 2009 ORDINANCES Approved Published 456Amending Chapter 903 Relating to Water Usage 2/9/09 yes 457Setting License, Permit, Service Charges and Misc. Fees 4/13/09 yes 458Amending Chapters 103 and 104 of the Shorewood City Code, Establishing Administrative Enforcement of Code Regulations 4/27/09 yes 459 Amending Chapter 1201 of the Shorewood City Code (Zoning) 6/22/09 yes Regarding Off-Street Parking 460Enacting and Adopting the 2009 S-4 Supplement to the Code of Ordinances for the City of Shorewood Minnesota 7/27/09 yes 461 Amending Chapter 503 of the Shorewood City Code 7/27/09 yes 462 Amending Chapter 1200 of the Shorewood City Code (Zoning) 8/24/09 yes Regarding Temporary Signs AN ORDINANCE AMENDING CHAPTER 903 OF THE SHOREWOOD CITY CODE RELATING TO WATER USAGE THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1 . Section 903.09, Subd. 3(b) and Subd. 3(c) of the Shorewood City Code shall be amended to read as follows: b. Delinquencies. After the last day of the month in which payment is due, a penalty of 10% of the unpaid account balance will be assessed and added to the amount due on the account. If the balance due on the account is not paid in full within 45 days of the day on which the account became due, a notice shall be sent to the property owner or user informing the property owner or user that the account is delinquent and that unless the account balance, is paid in full within 15 days, the water may be shut off and the prescribed shut -off fee will be assessed. c. Discontinuance of service. If the property owner or user does not respond to the notice given above, prior to the date indicated in the notice, and the statement remains unpaid, the water may be shut off at the curb stop. Prior to the water being turned back on again, the property owner or user shall be required to pay all delinquent charges, plus penalties and shut -off fees, and the prescribed turn -on fee. Section Z . This ordinance shall be in full force and effect following its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of February, 2009. ATTEST: �F Brianjfeck, C' ministrator /Clerk Christine Lizee, Mayor CITY OF SHOREWOOD ORDINANCE NO, 457 0 il V "Low 11111111111111"Itz' l R I-OL ALIM I THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 1301.02 of the Shorewood Code of Ordinances is hereby amended as follows: Schedule A CITY OF SHOREWOOD LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Section V. Park and Recreation, add the Tennis Court fee to the section as indicated: Type of Ch argel Fe Soccer /Football /Baseball /Softball Fields (per field) Damage deposit, all fields Football Field, unlighted Lights Diamond field (baseball) Entire soccer area, unlighted ADD: Tennis Courts Section 2.. This ordinance is effective the date following its publication. Amount of Charge /Fee $125/flat fee $50/day $30/hour $50/day $150/day $5/court/hour ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 13th day of April 2009. , ATTFST! Christine Liz6e, Mayor CITY OF SHOREWOOD ORDINANCE NO. 458 *F THE SHOREWOOD CITY CODE, ESTABLISHING ADMINISTRATIVK ENFORCEMENT O CODE REGULATIONS I Section 1. Chapter 103.02 of the Shorewood City Code is hereby amended to add the following definitions: "CODE COMPLIANCE OFFICER. Any officer of the South Lake Minnetonka Police Department, any employee of the City of Shorewood, or any person or company contracted to provide code - enforcement services who has authority to enforce the Shorewood City Code. There may be more than one person designated as Code Compliance Officer at any given time. CODE OFFENSE. A violation of any section, subdivision, paragraph or provision of the Shorewood City Code that is subject to a civil penalty. Each day the violation exists constitutes a separate Code Offense. OWNER. An individual, association, syndicate, partnership, corporation, limited liability company, trust or any other legal entity holding an equitable or legal ownership interest in land, buildings, strictures, dwelling unit(s) or other property." Section 2. Chapter 104 of the Shorewood City Code is hereby amended to add: "104.03 ADMINISTRATIVE ENFORCEMENT OF CODE REGULATIONS. Subd. 1. Purpose. The administrative enforcement procedures established within this Section are intended to provide the City of Shorewood with an informal, cost - effective and more efficient alternative to criminal prosecution or civil litigation for certain violations of the City Code. The City of Shorewood retains the right, at its sole discretion, to enforce provisions of this Code by bringing criminal charges or commencing civil litigation in any case where the City determines it is appropriate or necessary, but finds that an administrative process is beneficial to the residents of the City and further finds that that such a process is a legitimate and necessary alternative method of enforcing Code violations. Subd.2. Procedure. a. Administrative Notice A Code Compliance Officer may issue, either in person or by United States first class mail, an Administrative Notice to a person suspected or known to have committed a Code Offense or to be the owner of property upon which a Code Offense is being committed. The Administrative Notice shall identify the Code Offense, the location upon which the Code Offense occurred or is occurring, and the recommended corrective action for the Code Offense. The Administrative Notice may also state that the alleged violator has, at the discretion of the Code Compliance Officer, up to ten (10) days after the issuance of the Administrative Notice to correct or abate the Code Offense. If the alleged violator or owner of property upon which a Code Offense is being committed is unable to correct or abate the Code Offense within the prescribed time, that person may request in writing an extension of no more than thirty (30) additional days from the City Council. Any extension granted by the City Council shall be in writing and shall specifically state the date of expiration. If the Code Offense is not corrected or abated within the prescribed time or any extension thereto, the Code Compliance Officer may issue a citation, as provided below. b. Citation A Code Compliance Officer is authorized to issue a citation upon the belief that a Code Offense has occurred, whether or not an Administrative Notice has first been issued in regard to said Code Offense. The citation shall be given to the person responsible for the violation or to the owner of the property upon which the violation has occurred, either in person or by United States first class mail. The citation shall state: i) the nature of the Code Offense; ii) the time and date said Code Offense occurred; Ili) the civil penalty applicable to that Code Offense; and, iv) the mamler for paying the civil penalty or requesting a hearing before a Hearing Officer to contest the citation. Responding to a Citation / Pa nom The alleged violator or the owner of the property upon which the violation has occurred shall, within ten(10) days of the issuance of the citation either request a hearing in writing according to the procedure set forth in this Section or, within fifteen (15) days of the issuance of the citation, pay the civil penalty set forth in the citation. The civil penalty may be paid either in person at City Hall, or by United States first class mail, postage prepaid and postmarked within the prescribed fifteen (15) days. Payment of the civil penalty shall be deemed to be an admission of the Code Offense. Subd. 3. Appeal to Hearing Officer. a. Requesting a Hearing Any person contesting a citation issued pursuant to this Section may, within ten (10) days of the issuance of the citation, request a hearing before a Hearing Officer. Any request for a hearing shall be made in writing on a form provided by the City and either delivered personally to the City at City Hall or mailed to the City by United States first class mail, postage prepaid and postmarked within the prescribed ten (10) days. The hearing shall be held at City Hall within thirty (30) days of the date the City receives a timely hearing request. Failure to attend the hearing constitutes a waiver of the violator's rights to an administrative hearing and an admission of the violation. A hearing officer may waive this result upon good cause shown. The Hearing Officer shall determine good cause, which shall not include forgetfulness or intentional delay. M b. Hearing Officer The City Council shall by Resolution from time to time appoint a list of persons authorized to act as a Hearing Officer. The Hearing Officer is authorized to conduct an informal hearing to determine if a Code Offense has occurred. The Hearing Officer shall have the authority to uphold or dismiss the citation or reduce, stay or waive the civil penalty imposed upon such terms and conditions as the Hearing Officer shall determine. The Hearing Officer's decision shall be made in writing on a form provided by the City for such purpose. A copy of the Hearing Officer's decision shall be served either in person or by United States first class mail upon the person requesting the hearing. The Hearing Officer's decision is final, except for appeal in limited cases to the City Council, as set forth below, or as allowed under state law. C. Conduct of Hearin At the hearing, the parties will have the opportunity to present testimony, documents and exhibits and question witnesses. The Hearing Officer shall tape record the proceedings and receive testimony and exhibits. Strict rules of evidence will not apply. The Hearing Officer must receive and give weight to evidence, including hearsay evidence that possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. Subd. 4. Appeal of Hearing Officer's Decision. The Hearing Officer's decision shall be appealable to the City Council only for the following matters: (1) an alleged failure to obtain a required permit, license, or other approval from the City Council as required by the City Code; (2) an alleged violation of a penult, license, or other approval, or the conditions attached to the permit, license or approval, that was issued by the City Council; or (3) an alleged violation of regulations governing a person or entity who has received a license issued by the City Council. b. An appeal to the City Council of the Hearing Officer's decision must be made in writing on a form provided by the city and must be served on the City Clerk either in person or by United States first class mail, postage prepaid, within ten (10) days of the Hearing Officer's decision. C. The City Council will hear all timely appeals. The City will serve a notice of hearing upon the appellant in person or by United States first class mail at least ten (10) days in advance of the date of the hearing. The parties to the hearing will have an opportunity to present oral or written arguments regarding the Hearing Officer's decision. -3- The failure of the appellant to appear in front of the City Council or participate in the appeal constitutes a waiver of the violator's right of appeal and an admission of the violation. The Council may waive the result upon good cause shown. The determination of a showing of good cause shown shall be made solely at the discretion of the City Council but does not include forgetfulness and intentional delay. Subd. 5. Failure to Pay. a. In the event a person charged with a Code Offense fails to pay the civil penalty and correct or abate the Code Offense for which a citation was issued within the prescribed time, a late charge of fifteen percent (15 %) shall be imposed thereon for each seven (7) days the civil penalty remains unpaid and the Code Offense remains uncorrected or unabated beyond the due date. b. An unpaid civil penalty and accrued late charges will constitute a personal obligation of the person(s) to whom the citation was issued and the City shall have the right to collect such unpaid civil penalty and accrued late charges, together with the City's costs and reasonable attorney's fees, in criminal or civil proceedings. Pursuant to Minri. Stat. section 429.101., Minn. Stat. section 514.67 and other applicable law, a lien in the amount of the civil penalty and any accrued late charges may be assessed against the property where the Code Offense occurred and collected in the same manner as taxes. Any such assessment shall not preclude the City from issuing additional citations for a continuing Code Offense, nor shall it preclude the City from making additional assessments against the same property resulting from a continuing or new Code Offense. d. The City may suspend or revoke a license or permit or other approval associated with the Code Offense if the civil penalty and accrued late charges are not timely paid. Subd. 6. Subsequent Violations. If a second citation for a Code Offense is issued by the City to the alleged violator or owner of the property upon which the violation has occurred within twenty four (24) months of the issuance of a previous citation for the same Code Offense, the civil penalty shall increase by twenty -five percent (25 %) over the scheduled civil penalty amount. If a third citation for a Code Offense is issued by the City to the alleged violator or the owner of the property -4- upon which the violation has occurred within twenty four (24) months of the issuance of a previous citation for the same Code Offense, the civil penalty shall increase by 50% over the scheduled civil penalty amount. If a fourth citation for a Code Offense is issued by the City to the alleged violator or the owner of the property upon which the violation has occurred within twenty-four (24) months of the issuance of a previous citation for the same Code Offense, the civil penalty shall increase by one hundred percent (100%) over the scheduled civil penalty amount." Section 3. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ATTEST: ADMINISTRATOR/CLERK -5- CITY OF SHOREWOOD W&M IJ U WMAJ lans 11 1 1 N It Section 1. The definition of "Shopping Center" found in Section 1201.02 of the Shorewood City Code is hereby amended to read as follows: "SHOPPING CENTER. A group of three or more commercial establishments planned, constructed and managed as a total entity, with customer and employee parking provided on -site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements." Section 2. Section 1201.03 Subd. 5.h.(6) of the Shorewood City Code is hereby amended to read as follows: "(6) Community Center, physical culture studio, personal fitness establishments, libraries, private clubs, lodges, museums, art galleries: ten parking spaces plus one space for each 150 square feet in excess of 2,000 square feet of floor area in the principal structure." Section 3. Section 1201.03 Subd. 5.h.(11) is hereby amended to read as follows: "(11) Retail store, bakery, and service establishment, including but not limited to: (a) Catering establishment. (b) Copy service or print shop. (c) Dry cleaner. (d) Employment agency. (e) Laundromat. (f) Massage therapy. (g) Photography studio. (h) Tanning salon. (i) Veterinary clinic. 0) Electronic media rental and sales: one parking space for each 200 square feet of floor area ;" Section 4. Section 1201.03 Subd. 5.h,(13) is hereby amended to read as follows: "(13) Restaurants, cafes and private clubs serving food and /or drinks, bars, taverns, nightclubs: at least one parking space for each 40 square feet of gross floor area of dining and bar area and one space for each 80 square feet of kitchen area. Restaurants, cafes and private clubs not serving drinks: a minimum of five parking spaces, plus one space for each two seats of seating capacity;" Section 5. Section 1201.03 Subd. 5.h.(15) is hereby amended to read as follows: "(15) Shopping centers: five parking spaces for each 1,000 square feet of gross leasable floor area, exclusive of restaurants and fitness centers, which must be calculated separately, and exclusive of common areas;" Section 6. Section 1201.03 Subd. 5.h.(18) is hereby amended to read as follows: "(18) School (public, private, day or church) - elementary and junior high: three parking spaces for each classroom, or one space for each three seats of seating capacity in the assembly area, whichever is greater;" Section 7. Section 1201.03 Subd. 5.h.(19) is hereby amended to read as follows: "(19) School (public, private, day or church) - high school through college: two parking spaces for each classroom, plus one space for each five students, based on design capacity, or one space for each three seats of seating capacity in the assembly area, whichever is greater;" Section 8. Section 1201.03 Subd. 5.h.(20) is hereby amended to read as follows: "(20) Drive -in establishment, convenience food, delicatessen and coffee shop: at least one parking space for each 15 square feet of gross floor area, but not less than 15 spaces;" Section 9. Section 1201.03 Subd. 5.h.(28) is hereby amended to read as follows: "(28) Church, theatre, auditorium and amusement place: at least one parking space for each three seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with the buildings or uses shall be subject to additional requirements which are imposed by this section;" Section 10. Section 1201.03 Subd. 5.h. is hereby amended to include: "(32) Barber or beauty shop: two and one -half parking spaces for each chair; (33) Commercial tutoring and learning centers: two parking spaces for each employee on the maximum shift; (34) Day spa: one parking space for each 200 square feet of floor area or two spaces for each employee on the maximum shift, whichever is greater; (35) Day care facility: one parking space for each four persons of licensed capacity;" Section 11. This Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of June 2009. ATTEST: ADMINISTRATORICLERK -3- CITY OF SHOREWOOD l 1100110 IN1 - - F laws] IN DIXTUN 120A 1106 DRE91 .. WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed the fourth Supplement to the Code of Ordinances of the City of Shorewood, which supplement contains all ordinances up through and including Ordinance No. 456 of a general and permanent nature enacted since the prior supplement of the Code of Ordinances of the City of Shorewood; and WHEREAS, it is the intent of the City of Shorewood to accept these updated sections, as outlined in the attached Exhibit A; NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains: Section 1. That the fourth supplement to the Code of Ordinances of the City of Shorewood as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, is hereby accepted. Section 2. This ordinance adopting the 2009 S -4 Supplement to the Code of Ordinances shall take effect upon publication in the City's official newspaper. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 27th day of July, 2009. ATTEST: C �-- -L Christine Lizee, Mayor f- r r- r� --- ran e6 C Administrator /Clerk Exhibit A SHOREWOOD, MINNESOTA Instruction Sheet 2009 S -4 Supplement MOPE OLD PAGES INSERT NEW PAGES Title page Title page ADOPTING ORDINANCE -- 7, 8 TABLE OF CONTENTS 1 through 4 1 through 4 TITLE 100: ADMINISTRATION 106 -1, 106 -2 106 -1, 106 -2 TITLE 300: BUSINESS REGULATIONS 300 -1, 300 -2 300 -1, 300 -2 307 -1 through 307 -8 307 -1, 307 -2 TITLE 400: LIQUOR REGULATIONS 401 -11, 401 -12 401 -11, 401 -12 TITLE 900: PUBLIC RIGHT -OF -WAY AND PROPERTY 900 -1, 900 -2 900 -1, 900 -2 903 -9 through 903 -12 903 -9 through 903 -12B 904 -5, 904 -6 904 -5, 904 -6 -- 907 -1 through 907 -4 TITLE 1300: MUNICIPAL FEES 1301 -3, 1301 -4 1301 -3, 1301 -4 1301 -11, 1301 -12 1301 -11, 1301 -12 PARALLEL REFERENCES 3, 4 3, 4 7,8 7,8 11 through 14 11 through 14 23, 24 23,24 27, 28 27,28 Exhibit A SHOREWOOD, MEN 'SO TA: INSTRUCTION SHEET REMOVE OLD PAGES - INSERT NEW PAGES RD - gym. 11,12 17,18 11,12 17,18 inenif 04/09 CITY OF SHOREWOOD ORDINANCE NO. 461 Section 1 : Section 503.09, Spring Cleanup, paragraph 1, is hereby amended to read: During the spring season, the city may provide a curbside pickup service for yard waste, trash and household rubbish and a limited drop -off site for certain larger items. The service will be limited to Shorewood residents and the date of the cleanup will be determined by the City Council each year. Section 2 : This Ordinance shall be in full force and effect upon its publication in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of July, 2009. Christine Liz6e, Mayor ATTEST Administrator /Clerk CITY OF SHOREWOOD ORD INANCE NO. 462 �•� _� c � �, � ► � : °r� �:. �• are_ I gu m , 1 . r � r - M Section 1. Section 1201.03 Subd. l l .c.(4) of the Shorewood City Code is hereby amended to read as follows: "(4) Temporary Signs. (a) The temporary use of signs, searchlights, banners, pennants and similar devices shall require a permit. The permit shall be valid for ten consecutive days. The permit shall be prominently displayed during the period of validity. Only two temporary permits may be granted for any property within any 12 -month period. Temporary signs shall not exceed 32 square feet in area. Any new business that has applied for its permanent business sign may, at the same time, apply for a temporary business sign to be displayed for no longer than 30 days, or until the permanent sign has been erected, whichever comes first. The temporary business sign shall be professionally prepared and shall be no larger than the approved permanent sign. (b) A conditional use permit may be granted to nonprofit athletic associations, contracted with the City pursuant to Section 902.06 of this Code, for the display of temporary business sponsorship signs to be placed on certain ball field fences on public property, provided that: (i) A nonprofit athletic association under contract with the City may display signs only on facilities that have been reserved for its use. (ii) Signs may be displayed only in a Community Park, as defined in the Shorewood Comprehensive Plan. (iii) Signs may be displayed only on outfield fences, facing into the ball field, and situated so as to minimize view of the signs from adjacent residential properties. (iv) All signs must be professionally made, using durable weather resistant material, painted or colored dark green on the back side of the sign. (v) Signs are limited in size to no larger than 42 inches in height and seven feet in length. (vi) There shall be a minimum spacing between signs of seven feet. (vii) The maximum number of signs per ball field is 15. (viii) The nonprofit athletic association is responsible for maintaining the signs in good repair. Ifa sign become detached, torn, or vandalized the association must repair or replace them immediately or the sign will be summarily removed by the City. (ix) The nonprofit athletic association is responsible for any damage to the fence on which it is displayed that is caused by installation or display of the sign. (x) The conditional use permit is subject to review and recommendation by the Shorewood Park Commission. (xi) The nonprofit athletic association must obtain an annual license from the City and enter into a license agreement setting forth the conditions of approval and the duration of the approval. The association shall pay an annual license fee as established by the City Council from time to time. The association shall have no vested right in obtaining licenses from season to season. (xii) It shall be the responsibility of the nonprofit athletic association to obtain a temporary sign permit for each sign to be displayed on ball field fences, prior to erecting the sign. " Section 2. This Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of August 2009. CHRISTINE LIZEE, MAYOR ATTEST: CITY ADMINISTRATOR/CLERK