1993 Ord
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ORDINANCE NO. 264
AN ORDINANCE AMENDING CHAPTER 202 OF THE
SHOREWOOD CITY CODE RELATING TO THE
MAKEUP OF THE PARK COMMISSION
The City Council of the City of Shorewood, Minnesota, ordains:
Section 1: Section 1201. 02 of the Shorewood City Code is
amended as follows:
Membership in the Commission shall consist of up to nine
(9) residents of the City Appointed by the City Council.
Terms of all members shall be for three (3) years. The
City Council shall designate one of its members as its
liaison to meet with the Park Commission, and it shall
direct the Park Commission to designate one member of its
body as a liaison person to meet with the Planning
Commission, and the Planning Commission shall designate
one member of its body as a liaison to meet with the Park
Commission.
section 2. This Ordinance shall be in full force and effect
from and after its passage and publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood,
Minnesota, this 11th day of January 1993.
ATTEST:
hvvVl
City Administrator
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ORDINANCE 272
AN ORDINANCE AMENDING TITLE 1000 OF
THE SHOREWOOD CITY CODE RELATING TO
A RENTAL HOUSING CODE
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1004.01
1004.01
CHAPTER 1004
RENTAL HOUSING CODE
1004.01: PURPOSE AND INTENT:
Subd. 1. The purpose of this Chapter is to protect the public health, safety and the general
welfare of the rental population of the City of Shorewood. These general objectives
include, among others, the following:
a. To maintain a quality character and stability of rental dwelling units within the
City.
b. To correct and prevent rental housing conditions that adversely affect or are
likely to adversely affect the life, safety, general welfare and health, of persons
occupying rental dwellings within the City.
c. To provide minimum standards for cooking, heating and sanitary equipment
necessary to the health and safety of occupants of rental buildings.
d. To provide minimum standards of light and ventilation necessary to health and
safety .
e. To provide minimum standards for the maintenance of existing rental
buildings, and to thus prevent slums and blight.
f. To preserve the value of land and buildings throughout the City.
Subd. 2. It is not the intention of the City Council to intrude upon the fair and accepted
contractual relationship between tenant and landlord. The City Council does not
intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be
receptive to complaints from tenant or landlord which are not specifically and clearly
relevant to the provisions of this Chapter.
Subd. 3. Application of Requirements.
Every rental dwelling unit and its premises used in whole or in part as a home or
residence, or as an accesSory structure thereof, for a single family or person, shall
conform to the requirements of this Chapter, irrespective of when such building may
have been constructed, altered, or repaired. This Chapter establishes minimum
standards for erected rental dwelling units, accessory structures and related
premises.
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1004.02
1004.02
1004.02
DEFINITIONS:
Subd. 1. ACCESSORY STRUCTURE: A subordinate building or use, whether attached or
detached, that is located upon the same lot on which the main building or use is
situated and which is reasonably necessary and incidental to the conduct of the
primary use of such building or main use.
APPROVED: The term "approved" when used in reference to the design and
capabilities of physical systems of a dwelling shall mean having passed the
inspection of the Compliance Official. The basis for passage of said inspection shall
be an analysis of the effective State Codes and an analysis of the degree to which
said systems meet the standards established by said codes. It shall be the objective
of the Compliance Official, unless otherwise specified, to establish minimum
qualifications for approval of such system, which qualifications can maintain
substantial compliance with the effective State Codes and can be achieved in a
reasonably economical and practical manner.
Subd. 2. BUILDING: Any structure used or intended for supporting or sheltering any use
or occupancy.
Subd. 3. COMPLIANCE OFFICIAL: The Building Official and his designated agents
authorized to administer and enforce this Chapter.
Subd. 4. DWELLING: A building or portion thereof, designated exclusively for residential
occupancy, including one-family, two-family and multiple-family dwellings, but not
including hotels, motels and boarding houses.
DWELLING - MULTIPLE-FAMILY (APARTMENTS): A building designed with
three (3) or more dwelling units exclusively for occupancy by three (3) or more
families living independently of each other, but sharing hallways and main entrances
and exits.
DWELLING - SINGLE-FAMILY: A dwelling designed exclusively for occupancy
by one family.
a. Attached: A dwelling which is joined to another at one or more sides by a
party walL
b. Detached: A dwelling unit not attached to another dwelling or structure.
DWELLING - TWO-FAMILY: A dwelling designed exclusively for occupancy by
two (2) families living independently of each other.
a. Double Bungalow: A two-family dwelling with two (2) units side by side.
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1004.02
1004.02
b. Duplex: A two-family dwelling with one unit above the other.
DWELLING UNIT: A residential building or portion thereof intended for occupancy
by one family, but not including hotels, motels, nursing homes, boarding or rooming
houses, or recreational vehicles.
Subd. 6. FAMILY: (See Household.)
Subd.
Subd.
FLUSH WATER CLOSET: A toilet, with a bowl and trap made in one piece, which
is connected to the City water and sewer system or other approved water supply and
sewer supply.
7. GARBAGE: Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
8. HABITABLE BIDLDING: Any building or part thereof that meets minimum
standards for use as a home or place of abode by one or more persons.
HABITABLE ROOM:. A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet
compartments, laundries, furnace rooms, unfinished basements (those without
required ventilation, required electric outlets and required exit facilities), pantries,
utility rooms of less than fifty (50) square feet of floor space, foyers, communicating
corridors, stairways, closets, storage spaces and workshops, hobby and recreation
areas in parts of the structure below ground level or in attics.
HEATED WATER: Water heated to a temperature of not less than one hundred
twenty degrees (120 degrees) Fahrenheit, or such lesser temperature required by
government authority, measured at faucet outlet.
HOUSEHOLD: The fo!lowing are included in the term "household" as said term is
used in this Chapter:
a. An individual; or
b. A group of not more than three (3) individuals, none of whom are related
by blood, marriage, adoption or foster care, but all of whom are maintaining a
common residence and using common cooking and kitchen facilities; or
c. Up to two (2) adult individuals, whether related or unrelated, residing in the
same dwelling unit and maintaining a common residence and common cooking
and kitchen facilities, and the dependent child(ren) of each, if any; or
d. The combination of Paragraphs (a.) and (c.) above.
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1004.02
1004.02
. Subd. 9. No defmitions.
Subd. 10. No definitions.
Subd. 11. KITCHEN: A space which contains a sink with counter working space, adequate
space for installing cooking and refrigeration equipment and adequate space for the
storage of cooking utensils.
Subd. 12. LEASE: An agreement to rent. (For use as a verb, see Rent.)
Subd. 13. MINIMUM STANDARDS: Those standards as set forth in Section 1004.04 of
this Code.
Subd. 14. No definitions.
Subd. 15 . OCCUPANT: Any person (including owner or operator) sleeping, cooking and
eating in a dwelling unit.
OPERATOR: The owner or its agent who has charge, care, control, or management
of a building, or part thereof, in which dwelling units or rooming units are let.
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OWNER: Any person, firm or corporation who, alone, jointly, or severally with
others, shall be in actual possession of, or have charge, care or control of, any
dwelling, or dwelling units within the City as title holder, employee or agent of the
title holder or as trustee or guardian of the estate or person of the title holder. Any
such person representing the actual title holder shall be bound to comply with the
provisions of this Chapter to the same extent as the title holder.
Subd.
16. PERMISSIBLE OCCUPANCY: The maximum number of persons permitted to
reside in a dwelling unit.
PERSON: An individual, firm, partnership, association, corporation or joint venture
or organization of any kind.
PLUMBING: All of the following supplied facilities and equipment in a dwelling:
gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower
baths, installed clothes washing machines, catch basins, drains, vents and any other
similar fixtures and the installation thereof, together with all connections to water,
sewer and gas lines.
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PREMISES: A platted lot or part thereof or unplatted parcel of land occupied by any
dwelling or nondwelling structure, including any such building, accessory structure
or other structure thereon.
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1004.02
1004.02
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PUBLIC HALL: A hall, corridor or passageway for providing egress from a
dwelling unit to a public way and not within the exclusive control of one family.
Subd.
17. No definitions.
Subd.
18. REFUSE: All putrescible and nonputrescible waste solids including garbage and
rubbish.
RENT: To obtain occupancy or use of another's property, or to grant temporary
occupancy or use of one's own property, in return for periodic payments or
compensation.
RENTAL DWELLING: A dwelling let for rent or lease.
RENTAL DWELLING UNIT: A dwelling unit let for rent or lease.
REPAIR: To restore to a sound and acceptable state of operation, serviceability or
appearance.
RODENT HARBORAGE: Any place where rodents can live, nest or seek shelter.
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RUBBISH: Nonputrescible solid wastes consisting of both combustible and
noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery
clippings, wood, glass, brick, plaster, bedding, crockery and similar materials.
Subd.
19. SAFETY: The condition of being reasonably free from danger and hazards
which may cause accidents or disease.
SUBSTANDARD DWELLING: Any dwelling which does not conform to the
minimum standards established by City ordinances.
SUPPLIED: Paid for, furnished by, provided by or under the control of the owner,
operator or agent of a dwelling.
Subd. 20. No definitions.
Subd. 21. No definitions.
Subd. 22. No definitions.
Subd. 23. No definitions.
Subd. 24. No definitions.
. Subd. 25. No definitions.
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1004.02 1004.03
Subd. 26. No definitions.
Subd. 27. MEANING OF CERTAIN WORDS: Whenever the words "dwelling", "dwelling
unit", "premises", or "structure" are used in this Chapter, they shall be construed as
though they were followed by the words "or any part thereof'.
1004.03 LICENSING OF RENTAL UNITS:
Subd. 1. Issuance and Renewal: No person shall operate a rental dwelling without first
having obtained a license to do so from the City of Shorewood Council- as
hereinafter provided. Each such license shall be issued once every three years and
shall expire on the 31st day of December following the issuance thereof. License
renewals for the following years shall be filed on or before November 1st prior to
the license expiration date.
Subd. 2. Conformance to Laws: No license shall be issued or renewed unless the rental
dwelling and its premises conform to the ordinances of Shorewood and the laws of
the State of Minnesota.
Subd. 3. License Fees: License fees for renewals of licenses shall be due on November
1st immediately prior to the license expiration date. In cases of new unlicensed
dwellings, license fees shall be due upon application for a license.
a. The licensee shall not be entitled to a refund of any license fee upon
revocation or suspension of the license.
b. The City Council shall establish license fees by Ordinance from time to time.
Subd. 4. License Not Transferable: No operating license shall be transferable to another
person or to another rental dwelling. Every person holding an operating license
shall give notice in writing to the Compliance Official within seventy-two (72) hours
after having legally transferred or otherwise disposed of the legal 0 control of any
licensed rental dwelling. Such notice shall include the name and address of the
person succeeding to the ownership or control of such rental dwelling or dwellings.
Subd. 5. Owner or Agent to Apply:
a. License application or renewal shall be made by the owner of the rental units
or its legally constituted agent. Application forms may be acquired from and
subsequently filed with the Compliance Official.
b. The applicant shall supply:
(1) Name, address and telephone number of dwelling owner, owning
partners if a partnership, corporate officers if a corporation;
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1004.03
(2)
Name, address and telephone number of designated resident agent, if
any;
(3) Name, address and telephone number of management representative;
(4) Name, address and telephone number of vendee, if the dwelling is
being sold through a contract for deed;
(5) Legal address of the dwelling;
(6) Type of dwelling;
(7) Type and number of dwelling units within the dwelling;
(8) Description of procedure through which tenant inquiries and complaints
are to be processed.
c. Zoning Compliance. Upon application for a license the applicant must
demonstrate to the satisfaction of the Compliance Official that the rental dwelling
complies with one of the following:
(1) The property is currently zoned for the intended use pursuant to
Chapter 1201 of this Code; or
(2) The structure was granted a special use permit for a two-family
dwelling between 21 January 1965 and 24 September 1973; or
(3) The structure has been continually and lawfully used as a two-family
dwelling since 21 January 1965.
Subd. 6. Resident Agent Required: No license shall be issued or renewed for a
nonresident owner of rental dwelling units (one who does not reside within the
counties of Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington)
unless such owner designates in writing to the Compliance Official the name of its
resident agent (a person who does reside within the aforesaid referred counties) who
is responsible for maintenance and upkeep and who is legally constituted and
empowered to receive service of notice of violation of the provisions of the City
Ordinances, to receive orders and to institute remedial action to effect such orders
and to accept all service of process pursuant to law. The Compliance Official shall
be notified in writing of any change of resident agent.
Subd. 7. Posting of License: Every licensee of a multiple rental dwelling shall cause to be
conspicuously posted in the main entryway or other conspicuous location therein the
current license for the respective multiple rental dwelling. Licenses for one and
two-family rental dwellings shall be conspicuously posted near the electrical service
box for each unit.
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1004.04
Subd. 8. Inspection Access: No license shall be issued or renewed unless the owner of a
rental unit agrees in its application to permit inspections as provided in Section
1004.05 of this Chapter.
Subd.
1004.04
Whenever necessary to make an inspection to enforce any of the provisions of this
Code, or whenever the Building Official or his authorized representative has
reasonable cause to believe that there exists in any building or upon any premises
any condition or code violation which makes such building or premises unsafe,
dangerous or hazardous, the Building Official or his authorized representative may
enter such building or premises at all reasonable times to inspect the same or to
perform any duty imposed upon the Building Official by this code, provided that if
such building or premises be occupied, he shall first present proper credentials and
request entry; and if such building or premises be unoccupied, he shall first make a
reasonable effort to locate the owner or other persons having charge or control of
the building or premises and request entry. If such entry is refused, the Building
Official or his authorized representative shall have recourse to every remedy
provided by law to secure entry.
9. Occupancy Register Required:
a. Every owner of a licensed rental dwelling unit in Shorewood shall keep, or
cause to be kept, a current register of occupancy for each dwelling unit which
provides the following information:
(1) Dwelling unit address;
(2) Number of bedrooms in dwelling unit;
(3) Names of adult occupants and number of adults and children (under 18
years of age) currently occupying each dwelling unit;
(4) Dates renters occupied and vacated each dwelling unit;
b. Such register shall be made available for viewing or copying by the
Compliance Official at all reasonable times.
MINIMUM STANDARDS:
Subd. 1. Adoption of the Uniform Housing Code by Reference. Chapters 5, 6, 7, 8, 9,
and 10 of the "Uniform Housing Code, 1988 Edition", as may be amended prepared
by the International Conference of Building Officials, are hereby adopted and
incorporated herein and shall be controlling within the City of Shorewood. At least
one copy of said Code shall be on file in the office of the Compliance Official for
use and examination by the public.
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1004.04
1004.04
. Subd. 2. General Provisions:
a. Maintenance of Shared or Public Areas: Every owner of a rental dwelling
shall maintain in a clean and sanitary condition the shared or public areas of the
dwelling and premises thereof.
b. Maintenance of Occupied Areas: Every occupant of a rental dwelling unit
shall maintain in a clean and sanitary condition that part or those parts of the
dwelling unit and premises thereof that it occupies and controls.
c. Responsibility of Owner and Occupant for Storage and Disposal of Garbage
and Rubbish: Every owner of a rental dwelling shall supply facilities for the
sanitary and safe storage and/or disposal of rubbish and garbage. In the case qf
single-family attached or detached rental dwelling units, it shall be the responsibility
of the occupant to furnish such facilities. Every occupant of a rental dwelling unit
shall store and dispose of all its rubbish, garbage and organic waste in a clean,
sanitary and safe manner as prescribed by Chapter 507 of this Code.
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d. Responsibility for Storm and Screen Doors and Windows: The owner of a
rental dwelling unit shall be responsible for providing and hanging all screens and
storm doors and storm windows whenever the same are required under the following
provisions, except where there is written agreement otherwise between the owner
and occupant.
(1) Every window, other than a fixed window or storm window, shall be
capable of being easily opened.
(2) Every window, door and frame shall be constructed and maintained in
such relation to the adjacent wall construction as to completely exclude rain, wind,
vermin, and rodents from entering the building.
(3) Every openable window or other devise required by this Section shall
be supplied with sixteen (16) mesh screens during the insect season.
e. Responsibility for Pest Extermination:
(1) Every occupant of a rental dwelling containing a single rental dwelling
unit shall be responsible for the extermination of vermin infestations and/or rodents
on the premises.
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(2) Every occupant of a rental dwelling unit in a dwelling containing more
than one (1) rental dwelling unit shall be responsible for such extermination
whenever its dwelling unit is the only one infested. Notwithstanding, however,
whenever infestation is caused by the failure of the owner to maintain a rental
dwelling in a reasonable rodent-proof or reasonable vermin-proof condition,
extermination shall be the responsibility of the owner.
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1004.04
1004.04
(3) Whenever infestation shall exist in two (2) or more of the rental
dwelling units in any dwelling, or in the shared or public parts of any rental
dwelling containing two (2) or more rental dwelling units, extermination thereof
shall be the responsibility of the owner.
f. Rodent Harborages Prohibited in Public Areas: No owner of a rental dwelling
shall accumulate or permit the accumulation of boxes, lumber, scrap metal, or any
other similar materials in such a manner that may provide a rodent harborage in or
about shared or public areas of a rental dwelling or its premises. Materials stored
by the owner or permitted to be stored by the owner shall be stacked neatly in piles.
g. Rodent Proof: Every rental dwelling and accessory structure and the premises
upon which located shall be maintained in a rodent-free and rodent-proof condition.
All openings in the exterior walls, foundations, basements, ground or first floors,
and roofs which have a one half (1/2) inch diameter or larger opening shall be
rodent-proofed in an approved manner. Interior floors or basements, cellars, and
other areas in contact with the soil shall be paved with concrete or other
rodent-impervious material.
h. Sanitary Maintenance of Fixtures and Facilities: Every occupant of a rental
dwelling unit shall keep all supplied fixtures and facilities therein in a clean and
sanitary condition and shall be responsible for the exercise of reasonable care in the
proper use and operation thereof.
i. Removal of Snow and Ice: The owner of a multiple-family rental dwelling or
dwellings shall be responsible for the removal of snow and ice from parking lots,
driveways, steps and walkways on the premises.
(1) Individual snowfalls of three (3) inches or more, or successive
snowfalls accumulating to a depth of three (3) inches, shall be removed from
parking lots and driveways within twenty-four (24) hours after cessation of the
snowfall.
(2) Individual snowfalls of one (1) inch or more, or successive snowfalls
accumulating to a depth of one (1) inch, shall be removed from steps and walkways
within eight (8) hours after cessation of the snowfall.
j. Maintenance of Driving and Parking Areas: The owner of a multiple-family
rental dwelling or dwellings shall be responsible for providing and maintaining in
good condition surfaced and delineated parking areas and driveways for tenants
consistent with Chapter 1201.03 Subd. 5 of this Code.
k. Maintenance of Yards: The owner of a multiple-family rental dwelling or
dwellings shall be responsible for providing and maintaining the yard or yards.
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1004.04
1004.04
1. Facilities to Function: Every supplied facility, piece of equipment or utility
required under City ordinances and every chimney flue shall be installed and
maintained and shall function effectively in a safe, sound and working condition.
m. Discontinuance of Service of Facilities: No owner, operator or occupant shall
cause any service, facility, equipment or utility which is required under this
Ordinance to be removed from or shut off from or discontinued for any occupied
rental dwelling or rental dwelling unit let by the owner or operator, except for such
temporary interruptions as may be necessary when actual repairs or alterations are in
process or during temporary emergencies.
n. Yard Cover: Every yard of a premises on which a dwelling stands shall be
provided with lawn or combined ground cover of vegetation, garden, hedges,
shrubbery, and related decorative materials .and such yard shall be maintained
consistent with prevailing community standards.
o. One Family Per Dwelling Unit: Not more than one (1) family, except for
temporary guests, shall occupy a rental dwelling unit.
p. Accessory Structure Maintenance: Accessory structures supplied by the
owner, agent or tenant occupant on the premises of a rental dwelling shall be
structurally sound and be maintained in good repair and appearance. The exterior of
such structures shall be made weather resistant through the use of decay-resistant
materials such as paint or other preservatives.
q. Smoke Detectors Required: All rental dwelling units shall be provided with
approved smoke detectors and shall be installed in accordance with the State
Building Code.
Subd. 3. Built-In Deficiencies Exempt: The following are built-in deficiencies and shall be
exempt from compliance with the Code; provided, that such built-in deficiencies
were in compliance with a building code at the time of construction or do not pose a
hazard.
a. Ceiling Height: Any existing habitable room with less than a 7.5 foot ceiling
height shall be considered a built-in deficiency which is beyond reasonable
correction.
b. Superficial Floor Areas: Any existing habitable room of less than 90 square
feet shall be considered a built-in deficiency and beyond reasonable correction.
c. Natural Light and Ventilation: Any existing habitable room with window area
less than 10 percent of the floor area shall be considered a built-in deficiency beyond
reasonable correction but in no case shall the required natural light and ventilation
be less than 5 percent of the floor area.
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1004.04
1004.05
Subd. 4. Correction of Immediate Hazards: No occupancy shall be permitted of any
dwelling unit if vacant and an immediate hazard exists. If the dwelling unit is
occupied and an immediate hazard exists, immediate corrective action shall be taken
by the occupant, owner, agent of the owner or other responsible persons. The
dwelling unit may be ordered vacated if no immediate corrective action is taken and
the occupant, owner, agent of the owner or other responsible person fail to comply
with any order to correct any immediate hazard.
Immediate hazards to health and safety for human occupancy shall include but not be
limited to the following:
a. Heating systems that are unsafe due to: burned out or rusted heat exchangers
(fire box); burned out or plugged flues; no vent; connection with unsafe gas
supplies; or lack of temperature and pressure relief valves.
b. Water heaters that are unsafe due to: burned out or rusted heat exchangers
(fire box); burned out, rusted or plugged flues; no vent; connection with unsafe gas
supplies; or lack of temperature and pressure relief valves.
c. Electrical systems that are unsafe due to: dangerous overloading; damaged or
deteriorated equipment; improperly taped or spliced wiring; exposed uninsulated
wires; distribution systems of extension cords or other temporary methods;
ungrounded systems.
d. Plumbing systems that are unsanitary due to: leaking waste systems, fixtures
and traps; lack of a water closet; lack of washing and bathing facilities; cross
connection of pure water supply with fixtures or sewage lines; or the lack of water.
e. Structural systems, walls, chimneys, ceilings, roofs, foundations and floor
systems that will not safely carry imposed loads.
f. Refuse, garbage, human waste, decaying vermin or other dead animals, animal
waste, other materials rendering residential buildings and structures unsanitary for
human occupancy, including lack of light and air.
g. Infestation of rats, insects and other vermin.
1004.05 INSPECTIONS
Subd. 1. Purpose: The purpose of this Section is to establish standards for a program of
inspections meant to improve and maintain the overall rental housing in the City.
Housing inspections do not indicate compliance with any inspectional program other
than that of the City of Shorewood. Inspections are made as a public service and do
not constitute any representation, guarantee, or warranty to any person as to the
conditions of the building inspected. The City does not assume any responsibility or
liability in connection with the inspection and issuance of the license required by
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Subd
Subd.
Subd.
1004.06
Subd.
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1004.06
Section 1004.03 of this Chapter.
2. Initial Compliance Inspection: Prior to issuance of a license to operate a rental
dwelling unit, the Compliance Official, together with the local Fire Marshall, shall
inspect the premises for compliance with this Chapter. A record of such inspection,
listing any built-in deficiencies which are exempt from compliance, per Section
1004.03 Subd. 3 of this Chapter, shall be kept on file at the Shorewood City Hall.
3. Triannual Compliance Inspection: All rental dwelling units shall be reinspected
for compliance with this Chapter a minimum of once every three years.
4. Complaints Inspections: Inspections shall be made at any time upon receipt of a
complaint wherein the complainant leaves his name, address and telephone number.
Inspections will not be made based upon anonymous complaints.
ADMINISTRATION AND ENFORCEMENT
1. Unfit for Human Habitation:
a. Any rental dwelling or rental dwelling unit, which is damaged, decayed,
dilapidated, unsanitary, unsafe, vermin or rodent infested, or which lacks provision
for basic 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. Whenever any rental dwelling or rental
dwelling unit has been declared unfit for human habitation, the Compliance Official
shall order same vacated within a reasonable time and shall post a placard on same
indicating that it is unfit for human habitation and any operating license previously
issued for such dwelling shall be revoked.
b. It shall be unlawful for such rental dwelling or rental dwelling unit to be used
for human habitation until the defective conditions have been corrected and written
approval has been issued by the Compliance Official. It shall be unlawful for any
person to deface or remove the declaration placard from any such rental dwelling or
rental dwelling unit.
Subd. 2. Secure Unfit and Vacated Dwellings: The owner of any rental dwelling or rental
dwelling unit which has been declared unfit for human habitation, or which is
otherwise vacant for a period of sixty (60) days or more, shall make same safe and
secure so that it is not hazardous to the health, safety and welfare of the public and
does not constitute a public nuisance. Any vacant dwelling open at doors, or
windows, if unguarded, shall be deemed to be a hazard to the health, safety and
welfare of the public and a public nuisance.
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Subd. 3. Hazardous Building Declaration: In the event that a rental dwelling has been
declared unfit for human habitation and the owner has not remedied the defects
within a prescribed reasonable time, the dwelling may be declared a hazardous
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1004.06
1004.06
building and be abated by repair, rehabilitation, demolition or removal in accordance
with the procedure specified in Section 463.15 et seq. Minnesota Statutes, related to
Hazardous and Substandard Buildings.
Subd.
4. Compliance Order:
a. Whenever the Compliance Official determines that any rental dwelling, or
rental dwelling unit or the premises surrounding any of these, fails to meet the
provisions of this Chapter, he may issue a Compliance Order setting forth the
violations of the ordinance and ordering the owner, occupant, operator, or agent to
correct such violations.
b. This Compliance Order shall:
(1) Be in writing;
(2) Describe the location and nature of the violations of this Chapter.
(3) Establish a reasonable time for the correction of such violation and
notify of appeal recourse;
(4) Be served upon the owner or its agent or the occupant, as the case may
require, and such notice shall be deemed to be properly served upon such owner or
agent, or upon any such occupant, if a copy thereof is
(a) served upon the owner, agent or occupant personally, or
(b) sent by certified mail to its last known address.
Subd. 5. Right of Appeal: When it is alleged by any person to whom a compliance order
is directed that such compliance order is based upon erroneous interpretation of this
Chapter, such person may appeal the compliance order to the City Council sitting as
a Board of Appeals. Such appeals must be in writing, must specify the grounds for
the appeal, must be accompanied by a filing fee, as set forth by resolution of the
City Council from time to time, in cash or cashier's check, and must be filed with
the Department of Protective Inspections within five (5) business days after service
of the compliance order. The filing of an appeal shall stay all proceedings in
furtherance of the action appealed from, unless such a stay would cause imminent
peril to life, health or property.
Subd. 6. Board of Appeals Decision: Upon receipt of an appeal of a compliance order a
hearing shall be held before the City Council, serving as the Board of Appeals, at its
next regularly scheduled meeting. The Board of Appeals shall make a determination
concerning the validity of the appeal. The Board of Appeals may reverse, modify or
affirm, in whole or in part, the compliance order and may order return of all or part
of the filing fee if the appeal is upheld.
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1004.06
1004.06
Subd. 7. Restrictions on Transfer of Ownership: It shall be unlawful for the owner of any
rental dwelling, or rental dwelling unit, upon whom a pending compliance order has
been served to sell, transfer, mortgage, lease of otherwise dispose thereof to another
person until the provisions of the tag or compliance order have been complied with,
unless such owner shall furnish to the grantee, lessee, or mortgagee a true copy of
any notice of violation or compliance order and shall obtain and possess a receipt of
acknowledgement. Anyone securing an interest in the rental dwelling, or rental
dwelling unit, who has received notice of the existence of a violation tag or
compliance order shall be bound by same without further service of notice upon such
person and shall be liable to all penalties and procedures provided by this Chapter.
Subd. 8. License Suspension or Revocation: A license issued under the provisions of this
Chapter shall be subject to suspension or revocation by the City Council for
violation of any provisions of the Shorewood City Code or laws of the State of
Minnesota. In the event that a license is suspended or revoked by the City Council
for just cause, it shall be unlawful for the owner or its duly authorized agent to
thereafter permit any new occupancy of a vacant or thereafter vacated rental unit
until such time as a valid license may be restored by the City Council.
Subd. 9. Alternative Sanctions: Whenever the Compliance Official determines that any
rental dwelling, or rental dwelling unit, or the premises surrounding any of these
fails to meet the requirements set forth in this Chapter, the Compliance Official may
issue a violation tag summoning the responsible person into court or request the
issuance of a criminal complaint and arrest warrant.
Subd. 10. Conflicts: Any conflict between any provision of this Chapter and any term of a
contractual relationship between a landlord and a tenant shall be resolved in favor of
this Chapter.
Subd. 11. Penalties: Failure to comply with a compliance order after right of appeal has
expired or violation of any of the provisions of this Chapter shall be a misdemeanor.
Each day that a violation continues shall be deemed a separate punishable. offense.
Subd. 12. Separability: Every section, provision 'Or part of this Chapter is declared
separable from every other section, provision, or part to the extent that if any
section, provision or part of the ordinance shall be held invalid, it shall not
invalidate any other section, provision or part thereof.
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ORDINANCE NO. 272
"An Ordinance Amending Title 1000 of the
Shorewood City Code Relating to
a Rental Housing Code"
Summary approved. The City Council hereby determines that the text of the summary of
the Ordinance, attached hereto and marked "Official Summary of Ordinance No. 272",
clearly informs the public of the intent and effect of the ordinance. The City Clerk shall
publish the title of this ordinance and the official summary in the official newspaper of the
City with notice that a printed copy is available for inspection during regular office hours
at the office of the City Clerk.
This Ordinance shall be in full force and effect as of July 1, 1993 and after its passage and
publication.
Adopted by the City Council of the City of Shorewood, Minnesota, this 12th day of
April 1993.
ATIEST:
Ja 'es C. Hurm, City Administrator
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CITY OF SHOREWOOD
OFFICIAL SUMMARY OF ORDINANCE NO. 272
The following is the offical summary of Ordinance No. 272, approved by the City
Council of the City of Shorewood, Minnesota, on 12 April 1993.
ORDINANCE 272
AN ORDINANCE AMENDING TITLE 1000 OF
THE SHOREWOOD CITY CODE RELATING TO
A RENTAL HOUSING CODE
On 12 April 1993, the Shorewood City Council adopted Ordinance No. 272 entitled:
An Ordinance Amending Title 1000 of the Shorewood City Code Adopting A Rental Housing
Code. The Shorewood City Council hereby adopts this Official Summary of the Ordinance.
Sharing the concerns of a growing number of Minnesota communities, Shorewood has
adopted a rental housing code. The intent of the new regulations is to correct and
prevent housing conditions that may adversely affect the health, safety and general
welfare of Shorewood's rental population. The code is also intended to improve and
maintain the quality of Shorewood's housing stock.
The new code establishes a procedure for the licensing of rental dwelling units,
imposes minimum standards relative to health and safety, provides for a system of
inspections, and establishes procedures for administering and enforcing the code.
Anyone operating a rental dwelling unit must obtain a license to do so. This
requirement applies not only to apartments, duplexes and double bungalows, but also
extends to single-family homes, or parts thereof (e.g. accessory apartments). The
cost of obtaining a license is $35 per unit. Licenses must be renewed every three
years or upon change of ownership, whichever occurs first.
The new code requires that rental dwelling units comply with certain minimum health
and safety requirements. Standards for plumbing, wiring and heating have been
adopted by reference from the Uniform Housing Code. Property maintenance is also
addressed in the regulations.
In order to obtain a license, owners of rental units will be required to have their
properties inspected. The code provides for an initial inspection to ensure compliance
with the aforementioned minimum standards. Thereafter inspections will be made
every three years or when changes in ownership occur. Inspections will also be made
on a complaint basis.
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The last section of the code establishes deadlines for compliance, and an appeal
process. Penalties for violating the code are also prescribed.
A copy of the new code is being mailed to all known owners of rental property.
Copies of the code are also available for review or purchase at the Shorewood City
Hall.
The Rental Housing Code goes into effect as of 1 July 1993.
A complete copy of the Ordinance is available for inspection by any person at the
office of the City Clerk and at the Excelsior Library.
ATTEST:
C. Hurm, City Administrator/Clerk
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ORDINANCE NO. 271
AN ORDINANCE AMENDING SECTION 904.18 OF THE CITY CODE
RELATING TO LOCAL SANITARY SEWER SERVICE AVAILABILITY CHARGE
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
section 1. section 904.18 of the City Code is hereby amended
by adding the following:
Subd. 5 Credit for Past Assessments. In those cases where the
City records reflect prior assessment and payment of multiple sewer
uni ts on a parcel of land, and in the event such parcel is
subdivided, credit for prior paid assessments for such sewer units
may be applied to the LSAC unit charges generated by such
subdivision on a unit-for-unit basis.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this 10th day of March, 1993.
RO~D~~ Acting Mayor
ATTEST:
Ja
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ORDINANCE NO. 270
AN ORDINANCE AMENDING CHAPTER 1201 OF THE
SHOREWOOD CITY CODE RELATING TO ZONING REGULATIONS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1: Section 1201.03 Subd. l1.b.(l)(d) of the Shorewood City Code is hereby
amended to read:
"(d) Political campaign signs. Shall not exceed six (6) square feet in all Residential
Districts, or twelve (12) square feet in all other zoning districts. Every campaign
sign must contain the name and address of persons responsible for such sign, and that
person shall be responsible for its removal. Signs shall be permitted on each lot for a
period of ninety (90) days prior to and ten (10) days after an election. The City shall
have the right to remove and destroy unsightly signs or remove signs after the ten
(10) day limit and assess a fee of one dollar ($1.00) per sign.
Campaign signs shall not be located closer than ten (10) feet from any street surface,
and shall not be placed in front of any property without the consent of the property
owner. "
Section 2:
Section 1201.03 Subd. l1.c.(3) is hereby amended to read:
"(3) No portion of any sign shall be located within five (5) feet of any property line.
No signs other than governmental signs and political campaign signs as provided in b.(l)(d)
of this Subdivision shall be erected or temporily placed within any street right-of-way or
upon public lands or easements or rights-of-way. "
Section 3: This Ordinance shall be in full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
this 22nd day of February, 1993.
tf~iI dtblJ
Barbara J. Br , Mayor
ATTEST:
s C. Hurm, City Administrator/Clerk
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ORDINANCE NO. 269
AN ORDINANCE AMENDING ORDINANCE NO. 263 - SETTING FEES
section 1. 1300.02 of the Shorewood City Code is amended by adding
the following to Schedule A:
Type of Charqe/Fee
city Code
Reference
Stormwater Drainage
utility residential
equivalent factor basic
system rate
905.03
Charqe/Fee
$3.75 per quarter
section 2. This ordinance shall be in full force and effect from
and after its passage and publication.
ADOPTED BY THE CITY COUNCIL
Minnesota, this 8th day of February,
ATTEST:
Ja s C. Hurm, City Administrator
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ORDINANCE NO. 268
CITY OF SHOREWOOD
ORDINANCE ESTABLISHING CITY STORMWATER
UTILITY, RATES, AND CHARGES
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, does
ordain as follows:
Section 1. FINDINGS AND DETERMINATIONS.
Subd. 1. In the exercise of its governmental authority and
in order to promote the public health, safety, convenience, and
general welfare, the City has constructed, operated, and
maintained a surface water management system ("the system") .
This Chapter is adopted in the further exercise of such
authority and for the same purposes.
Subd. 2. The system, as constructed, heretofore has been
financed and paid for through the imposition of ad valorem
taxes. It is now necessary and desirable to provide an
alternative method of recovering some or all of the future
costs of improving, maintaining, and operating the system
through the imposition of charges as provided in this Article.
Subd.3. In imposing charges, it is necessary to establish
a methodology that undertakes to make them just and equitable.
Taking into account the status of completion of the system,
past methods of recovering system cost, the topography of the
City and other relevant factors, it is determined that it would
be just and equitable to assign responsibility for some or all
of the future costs of operating, maintaining, and improving
the system on the basis of the expected stormwater runoff from
the various parcels of land within the City during a standard
rainfall event.
Subd. 4. Assigning costs and making charges based upon
expected typical stormwater runoff cannot be done with
mathematical precision but can only be accomplished within
reasonable and practical limits. The provisions of this
Chapter undertake to establish a reasonable and practical
methodology for making such charges.
Section 2. The City Code of the City of Shorewood is hereby
amended as follows by adding Chapter 905 titled Stormwater
Utility.
Section 905.01: PURPOSE.
The purpose of this section is to establish a
Shorewood/Lake System Stormwater Management Utility (SMU). The
following are the objectives of this special utility:
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(a) Maintain and improve the present stormwater
management system.
(b) Improve the quality of water runoff to lakes
which helps recharge aquifiers, control lake levels, and
decrease erosion and sediment to lakes.
(c) Operate and maintain stormwater facilities to
protect people and property.
(d) Provide the resources to respond to small scale
emergency drainage issues affecting residents.
(e) Acquire land and/or construct stormwater
detention and retention sites.
(f) Direct water from street surfaces which saves
street maintenance costs.
(g) Encourage local watershed stormwater management
improvement projects by supplementing funding from local
watershed districts and other City sources.
Section 905.02: ESTABLISHMENT OF STORMWATER DRAINAGE UTILITY.
The municipal storm sewer system shall be operated as a
public utility pursuant to Minnesota Statutes, Section 444.075.
Pursuant thereto, the City establishes a stormwater drainage
utility and authorizes the imposition of just and reasonable
charges for the use and availability of storm sewer facilities
subject to the provisions of this Section and Minnesota
Statutes.
Section 905.03: STORMWATER UTILITY RATES.
Subd. 1. Residential equivalent factor. Rates and charges
for the use and availability of the system shall be determined
through the use of a "Residential Equivalent Factor" ("REF").
For the purposes of this Section, one REF is defined as the
ratio of the average volume of surface water runoff coming from
one acre of land and subjected to a particular use, to the
average volume of runoff coming from one acre of land subjected
to typical single-family residential use within the City during
a "standard rainfall event." For purposes of this Chapter, a
standard rainfall event is defined as the 1-year, 24 hour
rainfall event of 2-3 inches as published by the U.S.
Department of Agriculture's "Minnesota Hydrology Guide."
Subd. 2. Stormwater drainage charges. In determining
charges the City Council shall by resolution establish a basic
system rate to be charged against one acre of land having an
REF of one. The charge to be made against each parcel of land
shall then be determined by multiplying the REF for the
parcel's zoning district classification times the parcel's
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acreage times the basic system rate. For land uses identified
as Classification 2 below, the charge to be made shall be
determined by multiplying the REF times the basic system rate.
The REF's for land uses within the City and the billing
classifications for such land uses are as follows:
Classification Land Uses
REF
1 Cemeteries, Parks, Golf Courses
0.70
2 Single-family and Duplex Residential
a. <30,000 sq. ft. lot
b. 30-50,000 sq. ft. lot
c. >50,000 sq. ft. lot
0.70
1.00
1. 30
3 Public and Private Schools and
Institutional Uses
1.30
4 Multiple-family Residential and
Churches
1. 70
5 Commercial
2.30
Section 905.04: OTHER LAND USES.
Other land uses not listed in the foregoing table shall be
classified by the City Administrator or its designee by assigning
them to classes most nearly like the listed uses, based upon
estimated runoff volume for the standard rainfall event. An
appeal from the City Administrator's determination of the
property classification may be made to the City Council.
Section 905.05: ADJUSTMENT OF CHARGES.
The City Council may by resolution adopt policies providing
for the adjustment of charges for parcels or groups of parcels,
based upon land use data supplied by affected property owners,
which data demonstrates a runoff volume for the standard rainfall
event substantially different from the REF being used for the
parcel or parcels. Such adjustment shall be made only upon
recommendation of the City Administrator and shall not be made
effective retroactively.
Section 905.06: EXEMPTIONS.
Public street rights-of-way, public parks, public works
facilities, and other City property are exempt from stormwater
utility charges.
Section 905.07: PAYMENT OF CHARGE.
Subd. 1. Billing: Statements for charges for stormwater
utility use and service for a quarterly period shall be mailed to
each property owner or user on or before the tenth day and shall
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be due and payable on or before the last day of the months of
January, April, July and October following the quarterly period
covered by the statements.
Subd. 2. Delinquencies: After the last day of the month in
which paYment is due, a penalty of ten percent (10%) of the
unpaid account balance will be assessed and added to the amount
due on the account.
Section 905.08: ESTABLISHMENT OF TAX LIEN.
Any past due stormwater drainage fees in excess of ninety
(90) days past due on October 1 of any year may be certified to
the County Auditor for collection with real estate taxes in the
following year pursuant to Minnesota Statutes, Section 444.075,
Subd. 3. In addition, the City shall have the right to bring a
civil action or pursue legal remedies to collect unpaid charges.
Section 905.09: RECALCULATION OF CHARGES.
If a property owner or person responsible for paying the
stormwater drainage charge questions the correctness of such a
charge, such person may, upon application and documentation
including submission of a property survey, have the determination
of the charges recomputed by written request to the City
Administrator or its designee. Such request shall be made within
thirty (30) days of the mailing of the billing in question.
Section 3. This Ordinance shall be in full force and effect from
and after its passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this 25thday of January , 199~.
~j;!J;y ~4tJ
~r ara Jt rail 1, Mayor
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ORDINANCE NO. 267
AN ORDINANCE AMENDING ORDINANCE NO. 263 - SETTING FEES
section 1. 1300.02 of the Shorewood City Code is amended as
follows:
Type of Charqe/Fee
City Code
Reference
Transient Business,
Peddling or Soliciting
308.08
Charge/Fee
$50.00
section 2. This ordinance shall be in full force and effect from
and after its passage and publication.
ADOPTED BY THE CITY COUNCIL of the city of Shorewood,
Minnesota, this 25th day of January 1993.
ATTEST:
~c~
s C. Hurm, City Administrator
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ORDINANCE NO. 266
AN ORDINANCE AMENDING SECTION 902.02 SUBD.6,
PARKS AND RECREATION AREAS
Section 1. The city Council of the City of Shorewood hereby amends
section 902.02 Subd. 6 of the City Code of Ordinances and does
ordain as follows:
902.02 Subd. 6: Sales: Sell, or conduct any Commercial enterprise
unless authorized by written permit from the City Council.
section 2. This Ordinance shall be in full force and effect from
and after its passage and publication.
ADOPTED BY THE
Minnesota, this 25th
CITY COUNCIL of
day of Januarv
the City
, 1993.
of
Shorewood,
ATTEST:
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City Administrator
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ORDINANCE NO. 265
AN ORDINANCE RELATING TO THE REGULATION OF TRANSIENT MERCHANTS,
SOLICITORS, PEDDLERS, CANVASSERS AND GARAGE SALES
section 1. The City Council of the City of Shorewood hereby
establish Chapter 308 of the City Code of Ordinances and does
ordain as follows:
308.01 SCOPE AND PURPOSE. It is the purpose of this Ordinance to
protect the public health, safety, and welfare of the citizens of
the City of Shorewood by controlling door-to-door sales, and
solicitations, transient merchandizing, and garage sales through
the establishment of regulations and licensing requirements.
308.02 DEFINITIONS:
Unless the context clearly indicates otherwise, the words, terms
and phrases as used in chapter 308 shall have the meanings set
forth in the following paragraphs:
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Subd. 1 CANVASSER: Any person canvassing for funds door-to-door in
this City on behalf of a charitable, religious or non-profit
organization as defined in IRS Code section 501 (c) (3).
Subd. 2 GARAGE SALES: Any isolated or occasional display and sale
of used personal property or home-crafted items conducted on
residential premises by the occupant or on the premises of a
church. Garage sales shall include rummage sales, basement sales,
yard sales, porch sales, craft sales, and all other periodic sales
at a residential location or church.
Subd. 3 PEDDLER: Any person dealing in this City who travels
around from place to place, or street to street carrying or
transporting goods, or solicitation for all manner of wares,
services and merchandise, offering the same for sale or making
sales and delivering articles to purchasers.
Subd. 4 SOLICITOR: Any person who goes from place to place and/or
house to house soliciting or taking or attempting to take orders
for the purchase of any foods, wares or merchandise, including
magazines, books, periodicals or personal property of any nature
whatsoever for delivery in the future, or orders for the
performance of a serv~ce in or about the home or place of business,
such as furnace cleaning, roof repair or blacktopping.
Subd. 5 TRANSIENT MERCHANT: Any person, individual, partnership,
or corporation, whether principal, employee or agent, who engage
. in, do, or transact any temporary or transient business in this,
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City, either in one locality or travelling from place to place, in
this City, selling goods, wares, and merchandise; and who, for the
purposes of carrying on such business, hire, lease, occupy or use
a building, structure, vehicle, property, or other place for the
exhibition and sale of such goods, wares, and merchandise.
308.03 LICENSE REQUIRED
It shall be unlawful for any person, firm, or corporation to engage
in the activities of peddling, soliciting, canvassing or transient
selling without first having obtained a license in compliance with
the provisions of this Ordinance.
A separate license shall be secured for each individual person
engaged as a peddler, solicitor, canvasser or transient merchant.
Where provisions of this chapter are more or less restrictive than
comparable provisions within any other portion of this code, rule
or regulation of the City, the more restrictive provision, rule or
regulation shall prevail. The City Administrator shall determine
which is more "restrictive" and appeals from such determination may
be made in the manner provided herein.
308.04 EXCLUSIONS
The City Administrator may determine that certain business
activities that have characteristics similar to those regulated by
this Ordinance may be exempt from the requirements of this
Ordinance. Specific exclusions include:
1. A solicitor or canvasser doing business by appointment. A bona
fide appointment is one made in advance, not one that is not merely
obtained by going door-to-door in conjunction with the taking of
orders, offering for sale or selling.
2. Solici tation of orders for future door-to-door delivery of
newspapers.
3. School children selling items to raise funds on behalf of non-
profit organizations which benefit children, including, but not
limited to schools, scouts, and organized youth groups.
4. Salespersons selling goods to retail or wholesale stores or to
professional or industrial establishments.
5. Any person selling or peddling the products of the farm or
garden occupied and cultivated by such person.
6. All persons or vendors involved in a community event the City
Council deems exempt.
7. Any person canvassing or soliciting funds on behalf of a bona
fide political party.
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8. Garage sales, rummage sales, and craft sales, provided that:
a. None of the items offered for sale shall have been
obtained for resale or received on consignment for sale.
b. Any sale shall be conducted solely within the boundaries
of the property owned or occupied by the occupant who is
conducting the sale.
c. There shall be no more that four (4) garage sales
conducted at anyone residence during any period of twelve
(12) calendar months.
d. No garage or rummage sale shall be conducted during any
part of more than three (3) consecutive days.
e. No garage sale may be conducted before 8:00 a.m. or after
10:00 p.m.
f. Signage is limited to one (1) nonilluminated temporary
sign, not exceeding six (6) square feet in area, advertising
the garage sale, for which a sign permit is not required. The
sign may be displayed for the duration of the sale only.
308.05 NO FEE FOR CANVASSING - RELIGIOUS, POLITICAL, EDUCATIONAL
AND CHARITABLE ORGANIZATIONS
The fee imposed by this Ordinance does not apply to any
organization, society, association or corporation if such
organization is registered with the Secretary of State pursuant to
the provisions of Minnesota Statutes section 309.515 if such
organization intends to solicit or have solicited in its name
money, donations of money or property or financial assistance of
any kind, or intends to sell or distribute any item of literature
or merchandise for which a fee is charged or solicited from persons
other than members of such organizations upon the streets, in
office or business buildings, by house to house canvass or in
public places. To qualify for this exemption, the organization or
individual shall provide a sworn application in writing on a form
furnished by the City which shall include the following
information:
1. Names and addresses of the officers and/or directors of the
organization.
2. Name and purpose of the cause for which the license is sought.
3. The period during which the solicitation is to be conducted.
4.
A complete list of those to do canvassing from outside the
South Lake Minnetonka Public Safety Department area giving
full name, address and date of birth for review and permit
approval by the Police Department.
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308.06 LICENSE - APPLICATION
The application for the license provided in this section should be
made to the City Administrator by filing the annual license fee and
by completing an application form or forms as provided by said City
Administrator. The application shall include, in addition to such
information as the City Administrator may require:
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7.
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1. Name of the applicant and all persons associated in business
in the city.
2.
Permanent
applicant,
applicant.
home
and
full local address of
local telephone numbers
the
of
address and
permanent and
A brief written description of the nature of the business,
goods to be sold, and the applicant's method of operation.
If employed, the name and address of the employer, together
with credentials establishing the exact relationship.
The length of time which the applicant intends to do business
in the City, with the approximate dates.
The location where the goods or property proposed to be sold,
or orders taken for the sale thereof, are manufactured or
produced, where such goods or products are located at the time
said application is filed, and the proposed method of
delivery.
A photograph of the applicant, taken within sixty (60) days
immediately prior to the date of filing of the application,
which picture shall be two (2") inches by two (2") inches
showing the head and shoulders of the applicant in a clear and
distinguishable manner.
8. A statement as to whether or not the applicant has been
convicted of any crime, misdemeanor or violation of any
municipal ordinance, the nature, place and date of the
offense, and the punishment or penalty assessed therefore.
9. If a vehicle is to be used, a description of the same together
with license number or other means of identification.
10. A statement of the nature, character, and quality of the
goods, wares, or merchandise to be sold or offered for sale by
applicant, the invoice value and quality of such goods, wares,
and merchandise, whether the same are proposed to be sold from
stock in possession or by sample, at auction, by direct sale,
or by taking orders for future delivery.
11. Transient merchants shall include the addresses of all places
where the business is to be located along with written consent
of the owners or occupants.
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308.07 ISSUANCE OF LICENSE
There may be a seven-day waiting period between the application and
issuance of the license during which period the City Administrator
and Police Chief or designated employee shall make such
investigation of the applicant's business moral character as he
shall deem necessary for the protection of the public good. The
license may be issued by the City Administrator when the foregoing
investigation is completed or within seven days of application,
whichever is earlier.
The issuance of the license shall be denied if the applicant has
been convicted of a felony, a misdemeanor involving moral turpitude
or a violation of Chapter 329, Minnesota Statutes, or of this
Chapter.
308.08 LICENSE FEE AND LICENSURE
Annual Fee - The annual license fee for engaging in a transient
business, peddling, or soliciting shall be established by ordinance
by the Shorewood City Council from time to time and shall be
payable at the time of application for a license. A license,
unless revoked, is for the calendar year or part thereof for which
it has been issued. License fees may not be prorated. Upon denial
of any application for a license, the City shall refund 50% of the
annual fee paid.
. 308.09 REVOCATION
Permits and licenses issued under the provisions of this Division
may be revoked by the City Administrator for any of the following
causes:
(1) Fraud, misrepresentation, or false statement
contained in the application for license.
(2)
Fraud, misrepresentation,
made in the course of
business.
or false statement
carrying on his
(3) Any violation of this Chapter.
(4) Conviction of any felony or of a misdemeanor
involving moral turpitude.
(5) Conducting the business licensed in an
unlawful manner or in such a manner as to
constitute a breach of the peace or to
constitute a menace to the health, safety, or
general welfare of the public.
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Any such license may be revoked without notice if in the opinion of
the City Administrator or the Police Chief the good order of the
City requires such action.
308.10 APPEAL
Any person aggrieved by the action of the city or any person whose
license has been revoked without notice, may appeal to the city
Council by filing, within 14 days after notice of the action
complained of, a written statement setting forth fully the grounds
for appeal. The Council shall set a time and place for a hearing
on such appeal, and notice of such hearing shall be given to the
person appealing by mailing to the address set forth on the
application written notice at least seven days prior to such
hearing.
308.11 LICENSE LIMITATIONS
1. All license holders are required to exhibit their licenses at
the request of any citizen.
2. No license issued under the provisions of this Ordinance shall
be used at any time by any person other than the one to whom it is
issued.
3. No license holder, nor any person in their behalf, shall
shout, blow a horn, ring a bell or use any sound devices, upon any
of the streets, alleys, parks, or other public places of the city
or upon any private premises in the city.
4. It shall be the duty of any police officer of the City to
require any person seen peddling or engaging in like activities,
and whom is not known to such officer to be duly licensed, to
produce his license and to enforce the provisions of this ordinance
against any person when in violation of the same.
5. Failure of any person, partnership, or corporation to comply
with any of the ordinances of the City or the laws of the State of
Minnesota shall be grounds for suspending or revoking a license
granted under this Chapter.
6. Door-to-door activities allowed under the provisions of this
Ordinance shall be restricted to hours between 9:00 am and sunset.
308.12 PEDDLERS. CANVASSERS AND SOLICITORS MAY BE PROHIBITED BY
PLACARD
1. Any resident of the city who wishes to exclude peddlers or
solicitors from premises occupied by said resident may place upon
or near the usual entrance to such premises a printed placard or
sign bearing the following notice: "Peddlers, Canvassers, and
Solicitors Prohibited." Such placard shall be at least 3 1/2
inches long and 3 1/2 inches wide and the printing thereon shall
not be smaller than 1/2 inch in height. No peddler, canvasser or
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solicitor shall enter in or upon any premises, or attempt to enter
in or upon any premises, where such a placard or sign is placed and
maintained.
2. No person other than the person occupying such premises shall
remove, injure or deface such placard or sign.
3. violation of this section shall result in the revocation of a
duly issued license.
308.13 REGULATIONS - TRANSIENT MERCHANTS
1. Public Property - It shall be unlawful to sell or offer for
sale any goods, wares, or merchandise on any public lands or public
right-of-way within the City except as provided for in section
902.02 of this code.
2. Private Property - No transient merchant shall sell or offer
for sale any goods, wares, or merchandise within the Commercial
zoning districts within the City from a stationary location on
private property without first obtaining a conditional use permit
pursuant to the provisions of Shorewood's Zoning Code. It shall be
unlawful to sell or offer for sale any goods, wares or merchandise
from a stationary location in any noncommercial zoning district.
. 308.14 VIOLATIONS AND PENALTIES
Any person, either as a principal or agent, who shall in any manner
engage in, transact any business as a convasser, solicitor,
transient merchant, or peddler without having first obtained a
license, or who shall conduct any sale, or who shall sell or offer
for sale any goods, wares or merchandise in violation of this
Ordinance shall be guilty of a misdemeanor, punishable by a fine of
not more than $700 or by imprisonment for a period not to exceed 90
days, or both.
section 2. Summary approved. 'The City Council hereby determines
that the text of the summary of this Ordinance, attached hereto and
marked "Official Summary of Ordinance No. 265", clearly informs the
public of the intent and effect of the Ordinance. The City Clerk
shall publish the title of this ordinance and the official summary
in the official newspaper of the City with notice that a printed
copy is available for inspection during regular office hours at the
office of the City Clerk.
section 3. This Ordinance shall be in full force and effect from
and after its passage and publication.
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Shorewood,
ADOPTED BY THE
Minnesota, this 25th
CITY COUNCIL
day of
ATTEST:
Administrator
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CITY OF SHOREWOOD
OFFICIAL SUMMARY OF ORDINANCE NO. 265
The following is the official summary of Ordinance No. /6~,
approved by the City Council of the City of Shorewood, Minnesota,
on January 25 , 1993:
ORDINANCE NO. 265
AN ORDINANCE OF THE CITY OF SHOREWOOD, MINNESOTA, ESTABLISHING
CHAPTER 308 OF THE CITY CODE OF ORDINANCES RELATING
TO THE REGULATION OF TRANSIENT MERCHANTS, SOLICITORS,
PEDDLERS, CANVASSERS AND GARAGE SALES.
The Ordinance established definitions for businesses of an
non-permanent nature, establishes licensing requirements for
persons or businesses engaged in the activities of peddling,
soliciting, canvassing, or transient selling within the City of
Shorewood. The Ordinance provides exclusions for certain non-
permanent businesses including school children selling items on
behalf of non-profit organizations and limited garage sales. The
Ordinance establishes a fee, license application procedures,
revocation procedures and penalties for violations.
A printed copy of the Ordinance is available for inspection by
any person at the Office of the City Clerk and at the Excelsior
Library.
ATTEST:
C. Hurm, City Administrator
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ORDINANCE NO. 273
AN ORDINANCE AMENDING ORDINANCE NO. 263 ESTABLISHING
A RENTAL HOUSING LICENSE FEE
section 1. section 1300.02 of the Shorewood City Code is amended
by adding the following to Schedule A:
Type of Charqe/Fee
Tri-Annual Rental Housing
Licence Fee, per unit
(includes up to three
inspections per unit)
Additional inspections,
as necessary, per inspection
City Code
Reference
Charqe/Fee
1004.03(3)
$35.00
1004.03(3)
$20.00
section 2. This ordinance shall be in full force and effect from
and after its passage and publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood,
Minnesota, this 26th day of April, 1993.
ATTEST:
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ORDINANCE NO. 274
AN ORDINANCE AMENDING SECTIONS 903.09.1a AND 1301.02 OF THE CITY
CODE ESTABLISHING A LOW INCOME MINIMUM WATER SERVICE RATE
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1. Section 903.09.1a of the City Code is hereby
amended by adding the following:
(1) Minimum Rate for Low Income Residents. A minimum charge
is established for residents having low incomes. The charge shall
be at 2/3 of the regular minimum rate, provided that consumption is
under 10,000 gallon per quarter. Should the consumption exceed
this minimum, the minimum rate reverts to the regular minimum rate.
The criteria for determining low income is as set by the Hennepin
County CDBG Program Income Limits for Very Low Income and family
size. Residents must submit the proper application an~ income
disclosure to be eligible for this rate.
section 2. section 1301.02 of the City Code is hereby amended
by adding the following:
Tvpe of charge/Fee
Water Service - Low Income
City Code
Reference
903.09.1a(1)
Charqe/Fee
$15.00/qtr.
minimum
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this 10th day of May, 1993.
ATTEST:
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ORDINANCE NO. 275
AN ORDINANCE AMENDING CHAPTER 1201 OF THE
SHOREWOOD CITY CODE RELATING TO ZONING REGULATIONS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1: Section 1201.03 Subd. 5.h.(21) of the Shorewood City Code is hereby
amended to read:
"(21) Motor Fuel Station: At least four (4) off-street parking spaces
plus two (2) off-street parking spaces for each service stall. Those facilities
designed for sale of other items than strictly automotive products, parts or
service shall be required to provide additional parking in compliance with
other applicable sections of this Ordinance. Parking for convenience stores
with accessory gas pumps shall be based upon the principal use."
Section 2: This Ordinance shall be in full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
this 24th day of May, 1993.
ATTEST:
V'1/VY"'-
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ORDINANCE NO. 276
AN ORDINANCE AMENDING CHAPTER 1201 OF THE
SHOREWOOD CITY CODE RELATING TO ZONING REGULATIONS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1:
to read:
Section 1201.03 Subd. 2.d.(5) of the Shorewood City Code is hereby amended
"(5) Subject to the provisions of subdivision (4) above, no permit shall be
issued for the construction of more than one private detached garage structure for
each detached single-family dwelling, except on the approval of a conditional use
permit according to the provisions of Section 1201.04 of this Ordinance. Every
detached single-family dwelling unit erected after the effective date of this Ordinance
shall be so located on the lot so that at least a two (2) car garage, either attached or
detached, can be located on said lot."
Section 2: This Ordinance shall be in full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
this 14th day of June, 1993.
Ro~=~ting Mayor
ATTEST:
A..{, 1/vlI'J
,C. Hurm, City Administrator/Clerk
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ORDINANCE NO. 277
AN ORDINANCE AMENDING SHOREWOOD CITY CODE SECTION 904.09,
PROHIBITING DISCHARGES INTO THE SANITARY SEWER
SYSTEM, AND SECTION 1301.02, SCHEDULE A, PROVIDING
PENALTIES FOR VIOLATION THEREOF
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
section 1: section 904. 09 Subdivisions 1 and 2 are hereby
deleted in their entirety.
section 2: section 904.09 of the Shorewood City Code is hereby
amended to read:
PROHIBITED DISCHARGES INTO THE SANITARY SEWER SYSTEM
Subd. 1. Prohibited Connections. No person shall discharge or
cause to be discharged, directly or indirectly, any storm
water, surface water, ground water, roof runoff, subsurface
drainage, or cooling water to any sanitary sewer. Any person
having a roof drain, sump pump, unauthorized swimming pool
discharge, cistern overflow pipe or surface drain connected
and/or discharging into the sanitary sewer shall disconnect
and remove any piping or system conveying such water to the
sanitary sewer system by March 1, 1994.
Subd. 2. Authoritv to Inspect. Every person owning improved
real estate that discharges into the City's sanitary sewer
system shall allow inspection by authorized City employees or
its agents of all properties or structures connected to the
sani tary sewer system to conf irm there is no sump pump or
other prohibited discharge into the sanitary sewer system.
Subd. 3. Correction of Violations. Any owner of any property
found to be in violation of this section shall make the
necessary changes to comply with this ordinance by March 1,
1994 and such change shall be verified by authorized City
employees or its agents. Any property or structure not
inspected or not in compliance by March 1, 1994 shall,
following notification from the City, comply within fourteen
(14) calendar days or be subject to the surcharge as provided
in Subdivision 6 below.
Subd. 4. Discharqe. All sump pumps shall have a discharge
pipe installed to the outside wall of the building. The pipe
attachment must be a rigid permanent-type plumbing such as
PVC, copper or galvanized pipe. The discharge shall extend at
least three (3) feet outside of the foundation and may not be
pumped directly onto any public right-of-way unless approved
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by the Public Works Director or their designee. Any
disconnects or openings in the sanitary sewer shall be closed
and repaired in compliance with applicable codes.
Subd. 5. continued Compliance and Reinspection. Upon verified
compliance with this Chapter, the city reserves the right to
reinspect such property or structure at least annually to
confirm continued compliance. Any property found not to be in
compliance upon reinspect ion or any person refusing to allow
their property to be reinspected shall, following notification
from the City, comply within fourteen (14) calendar days or be
subject to the surcharge hereinafter provided for.
Subd. 6. Surcharge. A surcharge set by an ordinance passed by
the City Council is hereby imposed and shall be added to every
utility billing to properties not in compliance with this
Chapter. The surcharge shall be added to every quarterly
utility billing until the property is in compliance.
Subd. 7. Temporary Waiver. The City Council, upon
recommendation of the City Administrator and City Engineer,
shall hear and decide requests for temporary waivers from the
provisions of this ordinance. where strict enforcement would
cause a threat to public safety because of circumstances
unique to the individual property under consideration. Any
request for a temporary waiver shall be submitted to the City
Administrator in writing. Upon approval of a temporary waiver
from the provisions of this ordinance, the property owner
shall agree to pay an additional fee for sanitary sewer
services based on the number of gallons discharged into the
sanitary sewer system as estimated by the City Engineer.
Subd. 8. Drainage. Storm water and all other unpolluted
drainage shall be discharged to such drainage facilities as
are specifically designated by the City Engineer.
Subd. 9. Remedies. The imposition of the surcharge shall not
limit the right of the city to seek an injunction in District
Court ordering the person to disconnect the non-conforming
connection to the sanitary sewer or from pursuing any other
legal remedies available, or in the alternative, the City may
correct the violation and certify the costs of correction as
an assessment against the property on which the correction was
made.
section 3: section 1301.02, Schedule A of the Shorewood City
Code is amended by adding the following:
Type of Charge/Fee
City Code
Reference
Charge/Fee
Sanitary Sewer Surcharge 904.09.5
$100jmonth
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Section 4. This ordinance shall be in full force and effect from
and after its passage and publication.
ADOPTED BY THE CITY COUNCIL of the city of Shorewood,
Minnesota, this 23rd day of August, 1993.
ATTEST:
Vvt/YI
City Administrator
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ORDINANCE NO. 278
AN ORDINANCE AMENDING CHAPTER 202 OF THE
SHOREWOOD CITY CODE RELATING TO THE
MAKEUP OF THE PARK COMMISSION
The City Council of the City of Shorewood, Minnesota,
ordains:
section 1: section 201. 02 of the Shorewood City Code is
amended as follows:
Membership in the Commission shall consist of seven (7)
residents of the City appointed by the City Council.
Terms of all members shall be for three (3) years. The
City Council shall designate one of its members as its
liaison to meet with the Park Commission, and it shall
direct the Park Commission to designate one member of its
body as a liaison person to meet with the Planning
Commission, and the Planning Commission shall designate
one member of its body as a liaison to meet with the Park
Commission.
section 2. This Ordinance sQal1 be in full force and effect
from and after its passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this 23rd day of August, 1993.
ATTEST:
vV\Q4 ~
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ORDINANCE NO. 279
AN ORDINANCE AMENDING SECTION 1301.02 OF
THE CITY CODE, SANITARY SEWER SERVICE CHARGES
section 1. section 1301.02, Schedule A of the Shorewood City Code
is amended as follows:
Type of Charge/Fee
City Code
Reference
Charge/Fee
Sanitary Sewer Service
$59. 55/gtr/residential
$39.70/gtr/residential
low income
$29.78/gtr/residential
Seasonal
904.15.1a
$71.35/qtr, plus $2.50
ea. 1000 gallons in
excess of 28,500
gallons per
qtr/Commercial
section 2. This ordinance shall be in full force and effect from and
after its passage and publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota,
this 27th day of September, 1993.
ATTEST:
Jam
Administrator
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ORDINANCE 280
CITY OF SHOREWOOD
AN ORDINANCE REPEALING AND ADOPTING
SECTION 802.03, SUBDIVISION 10
RELATING TO SNOWMOBILES
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA does
ordain as follows:
Section 1: The City of Shorewood Code of Ordinances Section 802.03
is amended by repealing Subdivision 10 as adopted with Ordinance
#91-245 on October 28, 1991 and adopts Section 802.03, Subdivision
10 as follows:
802.03:
OPERATION GENERALLY: Except as otherwise
specifically permitted and authorized, it is
unlawful for any person to operate a
snowmobile within the limits of the City in
the following manner:
Subd. 10. At anytime within the City between the
hours of 11:00 p.m. and 7:00 a.m.
Section 2: This Ordinance shall take effect upon date of
publication.
PASSED AND ADOPTED this 11th day of October, 1993.
~~~
Robert B. Di'lughert,y, Acting Mayor
ATTEST:
~c~
Ja es C. Hurm, Administrator/City Clerk
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1101.01
Ordinance No. 281
1101.0~
CHAPTER 1101
FLOOD PLAIN MANAGEJ.l1ENT CONTROL REGULATIONS
SECTION:
1101.01:
1101.02:
1101.03
1101.04:
1101.05:
1101.06:
1101.07:
Purpose
Application and Interpretation of Provisions
Defmitions
Flood Insurance Study
Permits and Certificates Required
Uses Permitted Establishment of Flood Fringe District
New Construction and Substantial Improvements Flood Fringe
District
1101.08: 1fobile Homes
1101.00.:. 08: Utility Standards
1101.-H* 09: Subdivision Standards
1101.+-1-:- 10: Nonconforming Uses and Structures or Land
1101.~ 11: Variances
1l01.B712: Amendments
1101A4:-13: Records Kept
11 01. * 14: Violation
1101.01: PURPOSE: The Legislature of the State of Minnesota has, in
Minnesota Statutes, chapter.H}4 103F and chapter 462, delegated
the responsibility to local government units to adopt regulations qesigned to
minimize flood losses. Since the City wishes to maintain eligibility in the
National Flood Insurance Program and in order to do so must comply with
provisions of 1910.3(c) of the Federal Insurance Administration Regulations, the
City Council establishes the provisions contained in this Chapter. It is the
purpose of this Chapter to promote the public health, safety and general welfare
and to minimize those losses attributed to flooding.
1101.02: APPLICATION AND INTERPRETATION OF PROVISIONS:
Provisions of this Chapter shall apply to the flood hazard areas of
the City which shall include those areas designated on the Flood Insurance Rate
Map as being within the 100-year flood boundary.
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1101.02
1101.03
10
Subd. 1. It is intended that this Chapter be used in conjunction with Chapter
1201, Zoning Regulations, of this Code.
Subd. 2. It is not intended by this Chapter to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However, where this
Chapter imposes greater restrictions, the provisions of this Chapter shall
prevail.
Subd. 3. Severability: If any section, clause, provision, or portion of this
Chapter is adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remainder of this Chapter shall not be affected thereby.
Subd. 4. Warning and Disclaimer of Liability: This Chapter does not imply that
areas outside the flood fringe district or land uses permitted within said
district will be free from flooding or flood damages. This Chapter shall
not create liability on the part of the City of Shorewood or any officer or
employee thereof for any flood damages that result from reliance on this
Chapter or any administrative decision lawfully made thereunder.
1101.03:
DEFINITIONS: The following words and terms, when used in
this Chapter, shall have the meanings ascribed to them in this
Section.
Unless specifically defined below, words and phrases used in this Chapter shall
be interpreted so as to give them the same meanings as they have in common
usage so as to give this Chapter its most reasonable application.
Subd. 1. No definitions
Subd. 2. BASEMENT: For flood plain management purposes, any area of a
strUcture, including crawl spaces, having its floor or base sub-grade
(below ground level) on all four sides, regardless of the depth of the
excavation below ground level.
Subd. 3. No definitions
Subd. 4. DEVELOPMENT: Any manmade change to improved or unimproved
real estate including, but not limited to, buildings and other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations.
Subd. 5. EQUAL DEGREE OF ENCROACHMENT: A method of determining the
location of floodway boundaries so that flood plain lands on both sides of
a stream are capable of conveying a proportionate share of flood flows.
Subd.6. FLOOD: J.A.. gcaeral aad temporary coaditioR of partia:1 or complete
inundatioa of ROrnlally dry land areas from:
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1101.03
1101.03
a. The ovuflo'yv of iRland waters; or
e. The l:lfttlS1:lal and ffiF'id acetlmtllatioR or l'liRoff of surface \vatcrs from
any 30tlfCe.
FLOOD: A temporary increase in the flow or stage of a stream or in the
stage of a wetland or lake that results in the inundation of normally dry
areas.
FLOOD FREQUENCY: The frequency for which it is expected that a
specific flood stage or discharge may be equalled or exceeded.
FLOOD FRINGE: That portion of the flood plain outside of the floodway.
Flood fringe is synonymous with the term "floodway fringe" used in the
Flood Insurance Study for the City of Shorewood.
Subd. 3. FLOOD IL\ZARD AREi..S or FLOOD PLAIN: Any land susceptible
to being inundated by water from any source (see definition of flood).
For the purpose of this Chapter, the regulatory flood plain shall include
those areas inundated by the regional flood and indicated in the Flood
Insurance Study.
Subd. 4. FLOOD-PROOFING: Any combination of structural and non structural
additions, changes or adjustments to structures which reduce or eliminate
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents. Flood-proofing requirements are
contained in the State Building Code. 1
Sued. 5. FLOOD PROTECTION ELEVATION: Aft clcvatioR that corrcsponds
to a poiHt Rot less taan ORe foot (1') abovc the ',vater surfacc clcyation
associated with the rcgioftal flood.
FLOODWAY: The bed of a wetland or lake and the channel of a
watercourse and those portions of the adjoining flood plain which are
reasonably required to carry or store the regional flood discharge.
Subd. 7. No definitions
Subd. 8. No definitions
Subd. 9. No definitions
Subd. 10. No definitions
1 See Section 1001.01 of this Code.
- 3 -
1101.03 1101.03
"
. Subd. 11. No definitions
Suhd. 12. No definitions
Suhd. 13. No definitions
Suhd. 14. No definitions
Suhd. 15. OBSTRUcnON: Any dam, wall, wharf, embanJanent, levee, dike,
pile, abutment, projection, excavation, channel modification, culven,
building, wire,fence, stockpile, refuse, fill, structure, or matter in, along,
across, or projecting into any channel, watercourse; or regulatory flood
plain which may impede, retard, or change the direction of the flow of
water, either in itself or by catching or collecting debris carried by such
water.
Subd. 16. PRINCIPAL USE: The main use of land or buildings as distinguished
from subordinate or accessory uses. A "principal use" may be either
permitted or conditional.
.
Subd. 17. No definitions
Subd. 18. REACH: A hydraulic engineering term to describe a longitudinal
segment of a stream or river influenced by a natural or man-made
obstruction. In an urban area, the segment of a stream or river between
two consecutive bridge crossings would most typically constitute a reach.
Subd. 6. REGIONAL FLOOD: The flooo having a onc pcr-ccat (1 %) chance of
beiHg eqt:lalea or exceeded iH any given year. The term. is synonymous
'.vita base flood or 100 year flooo. A flood which is representative of
large floods known to have occurred generally in Minnesota and
reasonably characteristic of what can be expected to occur on an average
frequency in the magnitude of the 100-year recurrence interval. Regional
flood is synonymous with the term "base flood" used in the Flood
Insurance Study.
REGULATORY FLOOD PROTECTION ELEVATION: The Regulatory
Flood Protection Elevation shall be an elevation no lower than one foot
above the elevation of the regional flood plus any increase in flood
elevation caused by encroachments on the flood plain.
Subd. 19. STRUCTURE: For flood plain management purposes, a walled or
morro bw1:ding, iflcluding a gas or liquid storage tank, that is priacipally
aeove grouad, 8:3 well 8:3 a mobile home. anything constructed or erected
on the ground or attached to the ground or on-site utilities, including, but
not limited to, buildings, sheds, detached garages, cabins, manufactured
homes, and other similar items.
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- 4 -
1101.03
1101.05
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Subd. 8. SUBSTANTIAL IMPROVEMENT: Any repair,'oreconstruction or
improvement of a structure, the cost of which equals or exceeds fifty
percent (50%) of the market value of the structure either (a) before the
improvement or repair has been started, or (b) if the structure has been
damaged, and is being restored, before the damage occurred. For the
purposes of this definition, "substantial improvement" is considered to
occur when the first alteration of any wall, ceiling, floor or other
structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure. The term does not
include, however, either (a) any project. for improvement of a structure to
comply with existing or State or local health, sanitary or safety code
specifications which are solely necessary to assure safe living conditions,
or (b) any alteration of a structure listed on the National Register of
Historic Places or a State Inventory of Historic Places.
Subd. 20. No definitions
Subd. 21. No definitions
.
Subd. 22. VARIANCE: .\ modificatioA or '..mation from thc tcrms of this
Chapter 'lincn it is dctcrmincd that, becausc 'of hardships, strict
enforccmcnt of this Chapter is impractical. (Ord. 109, 10 22 79) For
flood plain management purposes, is a modification of a specific permitted
development standard required in this Chapter to allow an alternative
development standard not stated as acceptable herein, but only as applied
to a particular property for the purpose of alleviating a hardship,
practical difficulty or unique circumstance.
Subd. 23. No definitions
Subd. 24. No definitions
Subd. 25. No definitions
Subd. 26. No definitions
1101.04: FLOOD INSURANCE STUDY: The Flood Insurance Study for
the City prepared by the Federal Insurance Administration, dated
May, 1979 and revised July 2, 1982, and the Flood Insurance Rate Map
contained therein and any further revisions to the Flood Insurance Rate Map by
the Federal Emergency Management Agency, adopted in the future, are adopted
by reference as part of this Chapter. (Ord. 130, 7-26-82)
1101.05:
PERMITS AND CERTIFICATES REQUIRED:
Subd. 1. Building Permits: No person shall erect, construct, enlarge, alter,
repair, improve, move or demolish any building or structure without first
. obtaining a permit for each building or structure from the City.
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1101.05
1101.06
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Subd. 2. Permits Involving Land Alterations: No mining,' dredging, filling,
grading, paving, excavation or drilling operations shall be commenced
until a permit has been obtained from the City.
Subd. 3. Permits Required of Other Governmental Agencies: The Zoning
Administrator shall review proposed developments to ensure that all
necessary permits have been received from those governmental agencies
from which approval is required by Federal or State law, including section
404 of the Federal Water Pollution Control Act of 1972, 33 U.S.G. 1334.
Subd. 4. Certificate of Compliance: No structure in the flood hazard zonc plain
which is hereafter erected, altered or moved shall be occupied until the
applicant submits a certification by a registered engineer, surveyor, or
architect that the finished fill elevations or other flood-proofing measures
are in compliance with this Chapter.
H01.0€): USES PEm1l1Tfl): Uses haviRg a lo'.\' damage potential that do
Hot require structures or st'Orage of eq1:iipmcflt and materia:ls shall
be permitted to the extent that they are Rot prohibited by any other ordinance.
1101.06:
ESTABliSHMENT OF FLOOD FRINGE DISTRICT:
.
Subd. 1. The Flood Fringe District shall include those areaS designated as flood
fringe. The flood fringe shall constitute those areas shown on the Flood
Insurance Rate Map as adopted in Section 1101. 04 as being within Zone
A-2 but being located outside of the floodway.
Subd. 2. Compliance: No new structure or land shall hereafter be used and no
structure shall be located, extended, convened, or structurally altered
without full compliance with the terms of the Chapter and other applicable
regulations which apply to uses within the jurisdiction of this Chapter.
Within the Flood Fringe District, all uses not listed as permitted uses or
conditional uses in Chapter 1201 of this Code, shall be prohibited. In
addition, a caution is provided here that:
a. Modifications, additions, structural alterations or repair after damage
to existing nonconforming structures and nonconforming uses of structures
or land are regulated by provisions of this Chapter" and specifically
Section 1101.11
b. As-built elevations for elevated or flood-proofed structures must be
cenified by ground surveys, and flood-proofing techniques must be
designed and certified by a registered professional engineer or architect.
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- 6 -
1101.07
1101.07
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1101.07:
~E"V CO~STR VCTIO~ .\.~D Sl!BST .\~[TL\.L
IMPROVEMENTS:
.
S tiecl. 1. ~ few constnletiofl ana sllbstafltiai improvements of struetures located in
the .fl:ood a~ areas sawl be eIe-;ated eft fiR S0 that their lowest floor
(inclediag basement) i.s elc-/area to the flood proteetioa elevation.
Subd. 2. Ne',"; eOflstrnetiofl and Sl:lbstafltiw improvemeats of aeeessory struetHres
or ether Flof1fcsideatiw structures fRay, as an a:lteme:tive, be flOOEi proofed
to the above proteCtiOFl elevation in aecorda8:ce with the State Building
€eE!e:
1101.07
FLOOD FRINGE DISTRICT:
Subd. 1. Permitted Uses: Permitted uses shall be those uses of land or
structures listed as permitted uses in Section 1201.10 through 1201.24 of
this Code. All permitted uses shall comply with the standards for Flood
Fringe uses listed in Subd. 2. below.
Subd. 2. Standards for Flood Fringe Uses:
.
a. All structures, including accessory structures, must be elevated onfill
so that the lowest floor including basement floor is at or above the
Regulatory Flood Protection Elevation. The finished fill elevation for
structures shall be no lower than one (1)foot below the Regulatory Flood
Protection Elevation and the fill shall extend at such elevation at least
fifteen (15) feet beyond the outside limits of the structure erected thereon.
b. Basements, as defined by Section 1101.03 of this Chapter, shall be
subject to the following:
(1) Residential basement construction shall not be allowed
below the Regulatory Flood Protection Elevation.
(2) Nonresidential basements may be allowed below the
Regulatory Flood Protection Elevation provided the
basement is structurally dry flood-proofed in accordance
with Subd. 2.c. of this Section.
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c. All areas of nonresidential structures, including basements to be placed
below the Regulatory Flood Protection Elevation, shall be flood-proofed
in accordance with the structurally dry flood-proofing classifications in the
State Building Code. Structurally dry flood-proofing must meet the FP-1
or FP-2 flood-proofing classification in the State Building Code and this
shall require making the structure water-tight with the walls substantially
impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and
the effects of buoyancy. Structures flood-proofed to the FP-3 or FP-4
classification shall not be permitted, except as provided in Subd. 2.d. of
this Section.
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1101.07
1101.07
Jl
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d. As an alternative to elevation on fill, accessory structures that
constitute a minimal investment and that do not exceed five hundred (500)
square feet for the outside dimension at ground level may be internally
flood-proofed in accordance with the FP-1 or FP-2 flood-proofing
classifications in the State Building Code. As an alternative, an accessory
structure may be flood-proofed to the FP-3 or FP-4 flood-proofing
classification in the State Building Code. All flood-proofed accessory
structures must meet the following additional standards, as appropriate:
(1) Accessory structures shall not be designed for human
habitation.
(2) The structure must be adequately anchored to prevent
flotation, collapse or lateral movement of the structure and
shall be designed to equalize hydrostatic flood forces on
exterior walls.
.
(3) Any mechanical and utility equipment in a structure must be
elevated to or above the Regulatory Flood Protection
Elevation or properly flood-proofed.
e. Storage of Materials and Equipment:
(1) The storage or processing of materials that are, in time of
flooding, flammable, explosive, or potentially injurious to
human, animal, or plant life is prohibited.
(2) Storage of other materials or equipment may be allowed if
readily removable from the area within the time available
after a flood warning and in accordance with a plan
approved by the governing body:
f. All new principal structures must have vehicular access at or above an
elevation not more than two (2) feet below the Regulatory Flood
Protection Elevation. If a variance to this requirement is granted, the
City Council must specify limitations on the period of use or occupancy of
the structurefor times offlooding and only after determining that adeqUate
flood warning time and local flood emergency response procedures exist.
g. Fill shall be properly compacted and the slopes shall be properly
protected by the use of riprap, vegetative cover or other acceptable
method. The Federal Emergency Management Agency (FEMA) has
established criteria for removing the special flood hazard area designation
for cenain structures properly elevated on fill above the 100 year flood
elevation - FEMA's requirements incorporate specific fill compaction and
side slope protection standards for multi-structure or multi-lot
developments. These standards should be investigated prior to the
initiation of site preparation if a change of special flood hazard area
designation will be requested.
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- 8 -
1101.08.
1101.10
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1101.08:
~fOBILE HO;\IES: No mobile home may bc placed or occt:lpicd
witRiR the 100 year flood R~d area..
.
1101.08:
UTILITY STANDARDS:
Subd. 1. All public utilities and facilities such as gas, electrical, sewer and water
supply systems shall be designed and constructed in a manner to minimize
or eliminate flood damage.
Subd. 2. Sewer and water supply systems shall be designed and constructed in
a manner to minimize or eliminate flood damage and shall be designed to
minimize infiltration by flood waters.
1101.09:
SUBDIVISION STANDARDS:
Subd. 1. No land shall be subdivided which is held unsuitable by the City
Council for reason of flooding, inadequate drainage, water supply or
sewage treatment facilities.
Subd. 2. All lots within the flood plain districts shall contain a building site at
or above the Regulatory Flood Protection Elevation.
.
Subd. 3. All subdivisions shall have road access both to the subdivision and to
the individual building sites no lower than two feet (2 ') below the
regulatory flood protection elevation.
1101.11: NONCONFOID'IJ}i[C STRUCTURES OR LA.(~: Structurcs
which lie beloYI c1c.,'ation of 931.0 arc hcreby dcclared to ee
Ronconform1ag and the use of a $tructure so located, or land, shall not be
expanded, ehanged, ealarged or altcrcd in a way which incrCflses its
nonconformity or flood da:magc potential.
1101.10
NONCONFORMING STRUCTURES AND USES:
Subd. 1. A structure or the use of a structure or premises which was lawful
before the passage or amendment of this Chapter but which is not in
conformity with the provisions of this Chapter may be continued subject
to the following conditions:
a. No such use shall be expanded, changed, enlarged, or altered in a way
which increases its nonconformity.
.
b. Any alteration or addition to a nonconforming structure or
nonconforming use which would result in increasing the flood damage
potential of that structure or use shall be protected to the Regulatory
Flood Protection Elevation in accordance with any of the elevation on fill
- 9 -
1101.10
1101.12
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or flood-proofing techniques (i.e.. FP-1 through FP-4 flood-proofing
classifications) allowable in the State Building Code, except as funher
restricted in Subd. 1. c. of this Section.
c. The cost of any structural alterations or additions to any
nonconfonning structure over the life of the structure shall not exceed fifty
(50) percent of the market value of the structure unless the conditions of
this Section are satisfied. The cost of all structural alterations and
additions constructed since the adoption of the community's initial flood
plain controls must be calculated into today's current cost which will
include all costs such as construction materials and a reasonable cost
placed on all manpower or labor. If the current cost of all previous and
proposed alterations and additions exceeds fifty (50) percent of the current
market value of the structure, then the structure must meet the standards
of Section 1101.07 of this Chapter for new structures.
d. If any nonconfonning use is discontinued for twelve (12) consecutive
months, any future use of the building premises shall confonn to this
Chapter. The Assessor shall notify the Zoning Administrator in writing of
instances of nonconfonning uses which have been discontinued for a
period of twelve (12) months.
.
e. If any nonconfonning use or structure is destroyed by any means,
including floods, to an extent of fifty (50) percent or more of its market
value at the time of destruction, it shall not be reconstructed except in
confonnity with the provisions of this Chapter. The applicable provisions
for establishing new uses or new structures in Section 1101.07 will apply.
1101.11:
VARIANCES:
Subd. 1. Variances to the provisions of this Chapter shall be reviewed in
accordance with the procedures in the zoning regulations of this Code.
No variance shall allow for a lower degree of protection than the flood
protection elevation.
Subd. 2. The Minnesota Commissioner of Natural Resources shall receive at
least ten (10) days notice of all hearings on variances.
Subd. 3. A copy of all deCisions granting a variance shall be forwarded to the
Commissioner within ten (10) days of such action.
.
1101.12: MdENDl\1ENTS: The flood plain designation as shown on the
Flood Insurance Rate Map shall not be removed from the flood
plain areas unless it can be shown that the designation is in error or that the area
has been filled to or above the elevation of the regional flood and is contiguous
to lands outside the flood plain. Special exceptions to this rule may be permitted
by the State Commissioner of Natural Resources if he determines that, through
other measures, lands are adequately protected for the intended use.
- 10 -
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1993.
1101.12
11 01.1:1-
All amendments to this Chapter, including amendments to the official Flood
Insurance Rate Map, must be submitted to and approved by the State
Commissioner of Natural Resources prior to adoption. Changes in the Flood
Insurance Rate Map also require prior approval by the Federal Insurance
Administration. (Ord. 109, 10-22-79)
1101.13: RECORDS KEPT: The Building Official shall maintain a record
of the elevation of the first floor (including basement) of all new
structures or additions to existing structures in the flood hazard areas. He shall'
also maintain a record of the elevation to which structures or additions to
structures are flood proofed. (Ord. 109, 10-22-79; amd. 1987 Code)
1101.14:
VIOLATION: Any person who shall violate any of the provisions
of this Chapter shall be guilty of a misdemeanor. (Ord. 109,
10-22-79)
Adopted by the City Council of Shorewood on the 25th day of October
- 11 -
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CITY OF SHOREWOOD
ORDINANCE NO. 282
AN ORDINANCE AMENDING SECTION 904.09,
PROHIBITING DISCHARGES INTO THE SANITARY SEWER SYSTEM
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1:
read:
Section 904.09 Subd. 4 of the Shorewood City Code is hereby amended to
Subd. 4. Discharge. All building sumps shall have a discharge pipe installed to
the outside wall of the building. The pipe attachment must be of rigid permanent-type
plumbing such as PVC, copper or galvanized pipe. The discharge shall extend at
least three (3) feet outside of the foundation and may not be pumped directly onto any
public right-of-way unless approved by the Public Works Director or their designee.
Any disconnects or openings in the sanitary sewer shall be closed and repaired in
compliance with applicable codes.
Section 2. This ordinance shall be in full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this
13th day of December, 1993.
~~~~
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Robert Daugherty, Acting Mayor
ATTEST:
James } Hurm, City Administrator/Clerk