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HomeMy WebLinkAboutNo 996 Instituting a Public Safety Repeat Nuisance Service Call Fee1 515910v5 AMB MA745-5 ORDINANCE NO. 996 AN ORDINANCE INSTITUTING A PUBLIC SAFETY REPEAT NUISANCE SERVICE CALL FEE The Maplewood City Council ordains as follows: Section I. The city council of the city of Maplewood hereby amends Chapter 24, Article VI, of the Maplewood code of ordinances by adding the following: Sec. 24-146 Purpose. The purpose of this section is to protect the public health, safety, and welfare and to discourage repeat nuisance service calls by the city to the same property or location which interfere with providing police and public safety services to other residents of the city. It is the intent of the city to impose and collect service call fees from the owner of any property to which city officials must repeatedly respond to nuisance public safety service calls because such calls involve extraordinary costs to the city. The repeat nuisance service call fee is intended to reimburse the city of the cost of such calls which is over and above the cost of providing normal law enforcement services and police protection city-wide. Sec. 24-147 Scope and Application. This section applies to the owner of any private property which is the subject or location of repeat nuisance service calls by city officials. This section applies to any repeat nuisance service calls made by a city peace officer, part-time peace officer, community service officer, animal control, or other designated city official. Sec. 24-148 Definitions. For purposes of this section, the term “nuisance” shall mean any activity, conduct, or condition occurring upon private property within the city that unreasonably annoys, injures, or endangers the health, safety, morals, comfort, or repose of any member of the public or will, or tend to, alarm, anger, or disturb others or provoke breach of the peace, to which the city is required to respond, including, but not limited to the following: (a) Any activity, conduct, or condition deemed as a public nuisance under any provision of the city’s code; or (b) Any conduct, activity, or condition constituting a violation of Minnesota Statutes, Chapter 609, as it may be amended from time to time. Sec. 24-149 Repeat Nuisance Service Call Fee. (a) The city hereby imposes a repeat nuisance service call fee upon the owner of any private property where the city has rendered services or responded to such property on three or more occasions within a period of 365 days in response to or for the abatement of a nuisance condition. 2 515910v5 AMB MA745-5 (b) The repeat nuisance service call fee for the third and each subsequent service call within a period of 365 days shall be in such amount as provided for in the city’s fee schedule, as it may be amended from time to time. The fee is intended to reimburse the city for, among other things, the salaries of city employees and officials who respond to or remain at the nuisance event, the pro rata cost of the equipment necessary to respond to such event, the cost of any repairs needed to such equipment based on the response, and the cost of any medical treatment which may be required to be provided to responding officers. (c) A repeat nuisance service call fee imposed under this section will be deemed delinquent if it is not paid within 30 days after the city mails the billing statement for the fee. The city will add a 10% late penalty to a delinquent payment. Sec. 24-150 Notice. The city shall send written notice to the record owner of any property which has had two repeat nuisance service calls within the preceding 365 day period. No repeat nuisance service call fee shall be imposed without first providing the owner with written notice. Such written notice shall: (a) Identify the nuisance conduct that previously occurred on the property and the dates of the previous nuisance conduct; (b) State that the owner may be subject to a nuisance service call fee if a third nuisance service call is rendered to the property within the specified time period for any further nuisance- related conduct; (c) State that the city has the right to seek other legal remedies or actions for abatement of the nuisance or compliance with the law; and (d) Be served by U.S. mail upon the owner at their last known address, or by posting such notice upon the property. If notice is posted, it shall be posted for at least 10 days before a repeat nuisance service call fee is imposed. Sec. 24-151 Right to Appeal. (a) When the city mails the billing statement for the repeat nuisance service call fee, the city will also inform the owner of their right to request a hearing before the city council to appeal the imposition of such fee. (b) The owner of any property upon which the fee is imposed may request a hearing within 10 days of the date that notice was mailed or posted. In calculating 10 days, the date that the notice was mailed or posted shall not be counted. Any request for a hearing must be in writing and delivered to the city clerk. The hearing shall occur within 30 days of the date of receipt of the request by the city. If the owner fails to request a hearing within the time and in the manner required under this section, the right to appeal hereunder is waived. (c) The hearing will be conducted by the city council. The hearing shall be informal and neither the Minnesota Rules of Civil Procedure nor the Rules of Evidence shall strictly apply. The State of M innesota ) SS C ounty of Ramsey I Affidavit of Publication _____ R_O_B_IN_N_I_S_SW_AND __ T ___________ , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as __ M_AP_L_E_W_O_O_D_RE_V_I_E_W ________ , and has full knowledge of the facts which are stated below: (A) The newsp3per has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended . (B) The printed PUBLIC NOTICE which is attached was cut from the columns of said newspaper, and was printed and published once each TH week, for 1 success ive weeks; it was first published on WEDNESDAY , the 19 day of DECEMBER, 20__!!_, and was thereafter printed and published on every to and including , the day of , 20 __ ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: • ABCDEFGH IJKLMNOPQRSTUVWXYZ • ABCDEFGHIJKLMNOPQRSTUVWXYZ ·abcdefghijklmnopqrstuvwxyz BY:&/wv~·~ TITLE LEGAL COORDINATOR * Alphabet should be in the same size and kind of type as the notice. I~ T~~~t :~b~~~~!~~~t0 I RATE INFORMATION ~ My Commission ElcpirflS Jan 31, 20?0 ~~-!\,,.., ( 1 ) Lowest classified rate paid by commercial users for comparable space ............................................................ $25.00 per col. inch (2) Maximum rate allowed by law for the above matter ........................................... $25.00 per col. inch (3) Rate actually charged for the above matter ....................................................... $ per col. inch 1/18 CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA PUBLIC NOTICE The Maplewood city council has adopted Ordinance No.996, which amends Chapter 24 , Article VI of the city code of ordinances to establish a public safety repeat nuisance service call fee . Experience has shown that certain properties involve frequent calls for service for nuisance activities , which calls require a disproportionate amount of time by the city 's peace , community service and an imal control officers and other city officials . Those additional costs are currently borne by the general public. The ordinance authorizes charging properties which require three or more nuisance service calls within a period of 365 days . Charges will not be made for emergencies , those involving domestic or child abuse or others for which charging a fee would not be in the public interest. The amount of the fee will be included in the city 's fee schedule ordinance , which will be reviewed and updated annually. A full copy of the ordinance is available in the office of the city clerk . This ordinance shall be effective after its adoption . A full copy of the Ordinance is available in the Office of the City Clerk , 1830 County Road B East , Maplewood , MN. ATTEST: Andrea Sindt , City Clerk (Ramsey County Review : Dec. 19 , 2018) • 1 '