HomeMy WebLinkAboutX-C-01 First Readings City Code Amendments - Administrative Citations
City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: April 4, 2022
Item: Administrative Citations - City Code Amendments Council Action Requested: Consider 1st Reading of the following amendments to Hastings City Code pertaining to the adoption of administrative citations:
1. Chapter 10 - General Provisions - Administrative Citations 2. Chapter 95 - Health and Safety; Nuisances - Public Nuisances 3. Chapter 32.04.A - Disposal of Abandoned Vehicles 4. Chapter 158 - Property Maintenance
5. Chapter 34.03 - Fee Schedule
6. Chapter 91.30 - Dangerous Dogs 7. Repealing Criminal Penalties, Violations and Citations for Various City Code Sections.
Upon consideration of 1st Reading, 2nd Reading and Final Adoption would be
scheduled for the April 18, 2022 City Council Meeting. A simple majority is necessary for action. Background Information:
The proposed amendments create an administrative process to enforce certain nuisance
code violations. At present all nuisance violations are handled through the criminal code, which often times has a longer time frame for resolution. Financial Impact:
Administrative citations have been shown to lessen the amount of staff time in
handling enforcement complaints. Advisory Commission Discussion: N\A
Council Workshop Discussion: The City Council held a workshop on March 21st to review specific changes to accommodate administrative citations. The proposed amendments are consistent with Council discussion.
Attachments:
• Memo - City Attorney Land
• Ordinance Amendments
X-C-01
MEMO
TO:
Mayor Fasbender and Members of the Hastings City Council
FROM: Kori Land, City Attorney
DATE: April 5, 2022
RE: Administrative Citations Ordinance Amendments
INTRODUCTION
On or around October 4, 2021, the City Council adopted a Charter Amendment that provides the
authority to enact Administrative Citations. Charter Amendments become effective 90 days after
adoption, therefore, it is now in effect and the proposed City Code Amendments surrounding
administrative citations are ripe for consideration. Keep in mind that the creation of an
administrative process does not preclude criminal prosecution or the use of other remedies, such
as revoking a license, abatement or civil actions. The administrative citation process will be an
additional tool available for City Staff to address nuisance violations that tend to be a burden on
limited City resources while at the same time, protecting people’s property rights, protecting the
public health, safety and general welfare, and ensuring that everyone is afforded due process.
ORDINANCE AMENDMENTS DISCUSSION
City Code Section 10.20: Enforcement and Inspections
This amendment addresses who can enforce the Code and how to conduct inspections. These
sections will apply to all Code enforcement and provide for uniformity.
Who – There is a specific list of positions (or their designee), who are given the authority to enforce
the Code. These are the positions who will conduct inspections, send notice letters, order
abatements, issue administrative citations or undertake any other enforcement actions authorized
in the Code.
Inspections – The inspection process is outlined to ensure there is uniformity in the implementation
of all Code enforcement inspections, including providing at least 72 hours’ advanced notice,
authority for emergency access and how to gain access when the property owners refuse access.
While each department may have its own inspection procedures, this section provides the
minimum threshold for the process or a default inspection process where none exists.
X-C-01
Admin. Citation Memo
April 5, 2022
Page 2 of 6
2
95.20, .21, .23, .24 and .97 – Public Nuisances
We are providing a new general definition section for all terms used in this chapter, including a
new definition of Public Nuisance that is not tied to the statutory or criminal definition of public
nuisance. Instead, there is a list of specific Code violations that are considered nuisances, as well
as more general types of violations that may be considered a public nuisance, that may involve
businesses, smells, dangerous structural conditions, noise and other types of nuisance conditions.
The ordinance sections are divided into the types of nuisances, such as General, Health, Peace &
Safety and Noise.
*New* 95.25 – Unsheltered Storage
This is a new section that defines unsheltered storage as a public nuisance and specifically states:
UNSHELTERED STORAGE. Includes but is not limited to: machinery, implements,
equipment, or personal property, worn out or discarded material, household appliances or parts,
tools, building materials, tin cans, glass, furniture, mattresses, box springs, crates, cardboard,
tires or any other unsightly debris, brush or materials, the accumulation of which may have an
adverse effect upon the neighborhood or property values, health, safety or general welfare of
the public.
The new regulation for unsheltered storage states that property owners cannot leave unsheltered
storage upon an open space area of any premises located anywhere in the city. The intent is to
require all property owners to store their unused, discarded stuff in a building and not pile it up in
the back yard for the neighborhood to see.
Section 32.04A: Disposal of Abandoned Motor Vehicles
Inoperable and abandoned motor vehicles will be considered akin to unsheltered storage and will
be subject to abatement or administrative citations. If not removed or made operable, the City has
the authority to tow it or issue a citation.
Section 158: Property Maintenance Code
This section was revised to make it clear that violations of the Property Maintenance Code will
fall squarely in the “nuisance” category. Many of the definitions were simplified to reference state
law or other sections of the Code, in order to avoid having conflicting or outdated definitions. The
enforcement, inspection and penalty sections were removed and directed to the new provisions in
Chapter 10.
One new provision that was supported by the Council is to prohibit off-street parking in the front
and side yards adjacent to a street, unless parked on concrete or asphalt surfaces. While this
provision will go into effect at the same time as the rest of the ordinances, which is 7 days after
publication, we would recommend that an educational component, notice letters, social media
campaign, etc. precede any enforcement action so that the public is made aware of the new
regulation.
Now that we have defined public nuisances, we are providing two clear paths to administratively
address public nuisance violations:
X-C-01
Admin. Citation Memo
April 5, 2022
Page 3 of 6
3
1. Abatement. This is for those types of violations that can be physically removed from the
property by the City. Junk, trash, weeds, or other kinds of objects that are conducive to
hiring a contractor who can easily remove the offending item. The City will abate the
nuisance, send an invoice for the abatement and if not paid, assess the costs against the
property; or
2. Administrative Citations. For all other violations that cannot be abated but are not
corrected, a citation is issued, resulting in a fine and if not paid, it is assessed against the
property.1
These enforcement tools provide for swift enforcement action. The City Staff can choose which
tool is best for each situation. But if neither one of these options is appropriate or effective, then
the traditional methods of criminal enforcement are still available.
*New* 95.96 – Abatement
Abatement is the most efficient method of Code enforcement as it allows for a nearly immediate
correction of the violation. This tool is for violations that can be removed by the City relatively
painlessly, such as unsheltered storage of junk in the yard, inoperable motor vehicles, weeds, snow
and ice. The process will be implemented as follows:
1. Notice is sent with sufficient details that the violator (property owner and/or tenant) can
understand the violation, providing a deadline to comply and a statement that failure to
comply may result in abatement by the City, the costs of which are the owner’s
responsibility and if not paid, can be assessed against the property.
2. The letter is served by regular mail or personal service.
3. If the owner fails to correct the violation, the City has the authority to abate the violation,
store the material if it has value, and treat it as abandoned property if not retrieved, or
discard the material if it has no value.
4. The City will then issue an invoice for the costs of abatement and if not paid, it can be
assessed against the property.
5. The appeals will be handled through the Office of Administrative Hearings, a process that
is outlined in the Administrative Citation Section below.
There is authority provided for emergency abatements, should a hazardous condition exist that
needs immediate attention. An example would be an unsecured foreclosed vacant house that has
evidence of squatters or holes that are causing a rodent infestation in the neighborhood. The City
could immediately and without notice, hire a contractor to board up the property and secure it.
*New* 10.25 – Administrative Citations
This is the new section that was authorized by the Charter Amendment to implement
Administrative Citations. The process is as follows:
1 All assessments will be done pursuant to state law through an assessment hearing, thereby preserving due process to
object to the assessment.
X-C-01
Admin. Citation Memo
April 5, 2022
Page 4 of 6
4
1. A compliance letter is sent with sufficient details that the violator (property owner and/or
tenant) can understand the violation, providing a deadline to comply and a statement that
failure to comply may result in a fine (specifying the amount of the fine).2
2. The letter is served by certified mail, regular mail, personal service or by posting it on the
property.
3. Failure to comply with the compliance letter authorizes the officer to issue an
administrative citation. The citation will be on a uniform “citation” form that also provides
specificity of the violation, the amount of the fine, a statement that the violation must still
be corrected, a statement on how to appeal, and notice that failing to pay may result in the
fine being assessed against the property. Options for what happens after an administrative
citation is issued include the following:
a. Pay and correct = case closed
b. Pay and do not correct = another citation
c. Do not pay and correct = assess then close
d. Do not pay and do not correct = assess, another administrative citation, criminal
citation, or other enforcement action
4. Appeals can be made by filing a notice with the City Clerk within 10 days after the citation
is mailed, along with a filing fee to cover administrative costs of setting up the hearing.
Then:
a. The appeal will be submitted to the Office of Administrative Hearings (OAH)
to be heard by an administrative law judge. It will be treated as a court trial, but
without the strict rules of evidence. The City and the violator can represent
themselves and the hearing officer usually renders a decision immediately.
b. If the violation is upheld, the violator must pay for the cost of the hearing, up
to $1,000. If the violation is overturned, the City pays for the cost of the hearing
and the filing fee will be refunded.
c. Decisions of the hearing officer are final but may be appealed to the Court of
Appeals.
This appeal provision is available for abatement or administrative citations as well as for
other violations of the Code. It provides for an expedient and a fair and impartial hearing
before an independent hearing officer, where due process is afforded all parties.
5. The City will need to adopt a fine schedule for Administrative Citation violations. A
proposed ordinance amending Ch. 34 to add these fines to the fee table is included.
2 Certain violations will not require a compliance letter, such as repeat offenders within 12 months, license violations,
open burning, animals at large, noise, fireworks, etc. In many cases, these offenses are violations for which notice
would be futile because the event is occurring immediately.
X-C-01
Admin. Citation Memo
April 5, 2022
Page 5 of 6
5
*New* Section 91.30: Dangerous Dogs
Currently the City only regulates Dangerous Dogs. State law allows cities to designate and regulate
Potentially Dangerous Dogs as well. Under the current Code, dogs can bite another animal many
times or bite a person that doesn’t rise to the level of “substantial bodily harm”3 without any
penalty. But if the dog is declared as Potentially Dangerous, then it has to be properly restrained
and if it bites again, regardless of the level of harm, it can be designated as a Dangerous Dog,
which comes with more protections for the public.
Below are the differences between Dangerous Dogs and Potentially Dangerous Dogs:
DANGEROUS DOG - Definition
• Inflicted substantial bodily harm on a person
• Has killed another animal off of the owner’s property
• Has attacked someone on 2 or more occasions
• Has been labeled “Potentially Dangerous” and then bites, attacks or endangers the safety
of people or animals.
The license requirements for a Dangerous Dog are:
• Proper enclosure
• Insurance
• Pay an annual license fee
• Microchip ID implanted in the dog
• Sterilize the dog
• Have a warning symbol on the property
• Wear an identifiable license tag
POTENTIALLY DANGEROUS DOG - Definition
• Bit a person or another animal
• Chased a person in an attitude of attack
• Has a known propensity to attack causing or threatening the safety of people or animals
The license requirements for a Potentially Dangerous Dog are:
• Proper enclosure
• Pay an annual license fee
• Microchip ID implanted in the dog
Both Potentially and Dangerous Dogs must be properly restrained on a leash no more than 4 feet
and muzzled while outside of their own property.
3 “Substantial bodily harm” means bodily injury which involves a temporary but substantial disfigurement, or which
causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes
a fracture of any bodily member. Minn. Stat. § 609.02 subd. 7a.
X-C-01
Admin. Citation Memo
April 5, 2022
Page 6 of 6
6
Violations of conditions required under the ordinance can be addressed through administrative
citations instead of criminal court. In addition, anyone who files an appeal of the designation will
be sent through the OAH.
Misc. Ordinance Regarding Penalties/Violations
There are numerous ordinances and sections throughout the Code that individually discuss
criminal penalties, violations and appeals related to their specific topic. We have provided a
laundry list of these sections in one ordinance that are recommended to be repealed in order to
eliminate conflicting Code sections. Instead, all penalties and appeals will be addressed in Ch. 10,
which applies to the entire City Code.
CONCLUSION
This is a first reading of these ordinance amendments. These are not zoning ordinance
amendments, so no public hearing is required. If approved on first reading, we will schedule a 2nd
reading as required by the Charter. If the Council requests that the 2nd reading be a public hearing,
please include it as part of the motion so that it can be properly noticed.
RECOMMENDATION: Move approval of the 1st reading of the ordinance amendments as
presented.
X-C-01
1
ORDINANCE NO. XXX
AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, REPEALING AND
REPLACING CITY CODE SECTIONS 10.20 ENFORCEMENT AND 10.99 GENERAL
PENALTY AND ENACTING SECTION 10.25 ADMINISTRATIVE CITATIONS
The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain
as follows:
SECTION 1. REPEAL AND REPLACE. The Code of the City of Hastings, County of
Dakota, State of Minnesota, Chapter 10, Section 10.20 Enforcement shall be repealed and replaced
as follows:
10.20. Enforcement and Inspections.
A. Any licensed peace officer of the city’s Police Department, or the County Sheriff, or any
Deputy Sheriff, shall have the authority to enforce any provision of this code.
B. The following individuals designated in this section, or their designee, shall have the
authority to administer and enforce the provisions of this code:
1. Building Official;
2. City Administrator;
3. City Clerk;
4. Code Enforcement Officer;
5. Community Development Director;
6. Community Service Officer;
7. Fire Chief, Fire Inspector, Fire Marshal;
8. Parks & Recreation Director;
9. Public Works Director;
10. Zoning Administrator.
C. Any city official or employee designated by this code who has the responsibility to perform
a duty under this code may, with the permission of a licensee of a business or owner of any
property or resident of a dwelling, or other person in control of any premises, inspect or
otherwise enter any property to enforce compliance with this code.
D. Inspection of buildings and premises.
1. General rule. For the purpose of safeguarding the health and safety of the general public
and of the occupants of all buildings or to determine compliance with the code, an order
or a permit or license, it is the duty of any authorized officer to conduct inspections to
determine the condition of the buildings and premises located within the city. For the
purpose of making the inspection, the authorized officer is authorized to enter, examine
and survey the building or premises at all reasonable times.
X-C-01
2
2. Notice. Prior to making the inspection, the authorized officer will inform the occupants
of the building or premises to be inspected of the date and time of the inspection by
personal service or regular mail postmarked not less than 72 hours prior to the time the
inspection is made.
3. Access. After the written notice has been given, the owner, occupant or operator of the
building must give the authorized officer free access to the building and its premises,
for the purpose of the inspection, examination or survey, provided that the inspection,
examination or survey must not have for its purpose the harassment of the owner or
occupant and the inspection, examination or survey is made so as to cause the least
amount of inconvenience to the owner or occupant.
4. Emergency access. The authorized officer must be allowed immediate entry:
a. At any time when in the opinion of the authorized officer an actual emergency
tending to create an immediate danger to public health and safety exists; or
b. At any time when the inspection, examination or survey may be requested by the
owner or occupant.
E. Application for search warrant. Upon a refusal of any owner or occupant to permit the
authorized officer access to a dwelling, dwelling unit or premises to make an inspection,
and upon a belief of probable cause that the dwelling, dwelling unit or premises does not
conform to the requirements of this code, the authorized officer may make application to
the appropriate court for an order or warrant directing the inspection and search of the
dwelling, dwelling unit or premises for its conformity to the requirements of this code, and
any evidence or information from the inspection or search may be used in any court
proceedings.
F. Interference with official duties. It is unlawful for any person to prevent, delay or interfere
with representatives of the city while they are engaged in the performance of his or her
duties.
G. Reinspection Fees. The City may charge a reinspection fee for violations of any ordinance
related to buildings and premises. Failure to pay the reinspection fee may result in it being
assessed against the property as provided in Minn. Stat. Chapter 429, as it may be amended
from time to time
SECTION 2. ENACTMENT. The Code of the City of Hastings, County of Dakota, State
of Minnesota, Chapter 10, Section 10.25 Administrative Citations is hereby enacted as follows:
10.25 Administrative Citations.
A. Purpose. The City Council seeks to offer an alternative method of enforcement for city
code violations rather than relying on the criminal court system. The formal criminal
prosecution process does not provide an environment to adequately address the unique
X-C-01
3
and sensitive issues that are involved in city code violations, including, but not limited to,
neighborhood concerns, livability issues, economic impact, physical limitations of the
offenders and the stigma and unintended consequences of being charged with or convicted
of a misdemeanor offense. In addition, the court system is a slow, overburdened and
methodical process that is not conducive to dealing with the violations in a prompt and
timely manner. Finally, the penalties afforded the criminal court system are restricted to
fines or physical confinement, which are not always effective solutions to address city
code violations.
In order to provide more flexibility in addressing city code violations on an individualized
basis that will be more efficient and effective, the City Council finds that an alternative
enforcement process is necessary. Therefore, to protect the health, safety and welfare of
the citizens of the city, it is the City Council’s intent to create a process for the use and
imposition of administrative civil penalties that will provide the public and the city with a
more effective alternative method for addressing city code violations.
B. Alternative methods of enforcement. A violation of the city code is a misdemeanor
pursuant to City Code § 10.99; however, this section seeks to gain compliance with the
city code as an alternative to the commencement of any formal civil or criminal court
action. The administrative civil penalties proceedings are in addition to any other legal or
equitable remedy available to the city for city code violations. The city may, in its
discretion, choose not to issue an administrative citation and may initiate criminal charges
instead.
1. Authority to issue compliance letters and administrative citations. Any employee or
agent enumerated in City Code § 10.20 or any duly authorized representative thereof is
authorized to issue compliance letters and administrative citations for violations of the
city code.
2. Compliance letter.
a. Contents of compliance letter. If a city employee or agent determines that a city
code violation has occurred, when appropriate, a compliance letter shall be issued.
The compliance letter shall contain the following information:
(1) A description or address of the property on which the city code violation has
occurred;
(2) The nature of the violation, including a reference to the appropriate city code
section;
(3) A compliance deadline, providing a reasonable time for compliance based on
the nature of the violation; and
(4) A statement that failure to correct the violation may result in the imposition of
an administrative citation, including a civil penalty and stating the amount of
the penalty as provided in the fee schedule.
X-C-01
4
b. Service of compliance letter. The compliance letter may be served on the offender
by certified mail, regular mail sent to the last known legal address, by personal
service or by posting a copy in a conspicuous place in or about the building or
property affected by the letter.
c. Reasonable extensions. Following service of the compliance letter, the city shall
attempt to work to resolve the violation, including, but not limited to, offering
reasonable extensions for compliance.
d. Exceptions to issuance of a compliance letter. For violations of any of the following
sections, the city shall not be required to issue a compliance letter and may proceed
directly to issuance of an administrative citation as provided below.
(1) Repeat offender. If the same offender commits a subsequent violation within 12
months after a compliance letter has been issued for a same or similar offense.
(2) License violations. For any license violations, including, but not limited to, not
having a license.
(3) Fire prevention and protection violations. For violations of Chapter 93.
(4) Animal violations. For any violation of Chapter 91.
(5) Traffic or parking violations. For traffic or parking violations issued under
Chapter 70 and 71.
(6) Noise violations. For any violation of City Code § 95.24.
(7) Discharge of fireworks. For any violation of City Code § 113.08.
(8) Emergency situations. When a condition exists that requires immediate action
to protect the public health, safety and welfare.
(9) Disorderly conduct or other similar behavior that tends to disrupt, injure or
annoy a reasonable person for which a compliance letter would be moot, as the
conduct or behavior has terminated.
3. Administrative citation.
a. Generally. Upon the failure to correct the violation specified in the compliance
letter within the time frame established in the compliance letter or any extension
thereof granted by the city, or for any offense for which a compliance letter is
not required, an administrative citation may be issued. The administrative
citation shall be served by certified mail, regular mail or by personal service
and shall contain the following information:
(1) A description or address of the property on which the city code violation
has occurred;
(2) Reference to the city code that is alleged to be violated;
(3) The amount of the administrative civil penalty for the specific city code
violation, which shall be due and payable to the city within 30 days of the
date the citation is mailed or personally served;
(4) A statement that the violation must be corrected or a subsequent
administrative or a criminal citation may be issued;
X-C-01
5
(5) A statement that the city code violation and the amount of the administrative
civil penalty may be contested to be heard before an independent hearing
officer by notifying the City Clerk in writing within 10 days after the
citation was mailed or personally served; and
(6) A statement that failure to pay the administrative civil penalty may result in
it being assessed against the property as provided in Minn. Stat. Chapter
429, as it may be amended from time to time.
b. Payment of penalty and correction of violation. If the offender pays the
administrative civil penalty and corrects the city code violation, no further
action will be taken for that same violation.
c. Payment of penalty without correction of violation. If the offender pays the
administrative civil penalty but fails to correct the city code violation, the city
may issue a subsequent administrative citation, initiate criminal proceedings or
initiate any other proceedings or remedies available in order to enforce
correction of the city code violation.
d. No payment of penalty and no correction of violation. If the offender fails to
pay the administrative civil penalty and fails to correct the city code violation,
the city may do any of the following, or any combination thereof:
(1) Assess the administrative civil penalty against the property pursuant to
Minn. Stat. Chapter 429, as it may be amended from time to time;
(2) Issue a subsequent administrative citation, thereby commencing a new
administrative penalties process;
(3) Initiate criminal proceedings; and/or
(4) Initiate other enforcement action authorized by law.
e. Failure to pay an administrative citation for which the costs cannot be assessed
shall be a misdemeanor.
C. Contesting the administrative citation/Appeal Process. An offender receiving an
administrative citation may contest the alleged city code violation and the amount of the
administrative civil penalty. In order to contest any part of the administrative citation, the
offender must notify the City Clerk in writing within 10 calendar days after the citation is
mailed or personally served, stating that the offender contests the alleged violation, the
amount of the penalty or both and pay a filing fee.
1. Administrative citation hearing.
a. Scheduling the hearing. After receipt of the written notice to contest the citation as
provided in City Code § 10.25. C. above, the City Clerk shall schedule a hearing
before an independent hearing officer, which will be held within 60 days, unless
otherwise agreed to in writing by the parties. The City Clerk shall notify the owner
of the date, time and location of the hearing.
X-C-01
6
b. Independent hearing officer. An independent hearing officer, who may be from the
office of administrative law judges, shall preside over the administrative citation
hearing.
c. Conduct of the administrative citation hearing.
(1) At the hearing, both parties may be represented by counsel, shall have the
opportunity to present testimony, shall be able to call and question witnesses
and introduce any exhibits; however, strict rules of evidence shall not apply.
(2) The hearing officer shall receive and give weight to the evidence, including
hearsay evidence.
(3) The hearing shall be recorded and a full record of the proceedings shall be
maintained by the city according to its data retention schedule.
(4) Authority of hearing officer. The independent hearing officer has the authority
to do any of the following, or a combination thereof:
i. Make a finding that a violation has occurred;
ii. Reduce, stay or waive a scheduled administrative civil penalty either
unconditionally or upon compliance with reasonable conditions;
iii. Require compliance with the city code within a specified time frame;
and/or
iv. Make a finding that no violation has occurred and dismiss the
administrative citation.
(5) Decision and order.
1. The hearing officer may announce a decision at the conclusion of the
hearing or may take the matter under advisement.
2. The hearing officer shall issue a decision in the form of an order and
shall serve a written copy of the order upon the parties no later than 10
days after the hearing.
3. Any administrative civil penalty that the independent hearing officer
imposes must be paid to the city within the time frame established in the
order. If no date is specified, it must be paid within 30 days of the
hearing officer’s order.
4. If the administrative civil penalty is not paid, the city may assess the
civil penalty against the owner’s property pursuant to Minn. Stat.
Chapter 429, as it may be amended from time to time.
5. If the hearing officer determines that no violation occurred, then the
filing fee shall be refunded and the city may not proceed with criminal
prosecution for the same act or conduct.
(6) Finding of violation. If the violation is upheld, then the offender must pay
for the cost of the hearing, not to exceed $1,000, toward the cost of the
hearing.
X-C-01
7
(7) Failure to appear. Failure to appear at the hearing shall result in a default
judgment against the party who fails to appear. If the offender fails to
appear, the administrative citation shall be sustained and the fee for the cost
of the hearing shall be imposed. If the city fails to appear, the administrative
citation shall be dismissed and the filing fee shall be refunded.
2. Appeal from Hearing Officer’s Decision. The hearing officer’s decision is final and
may only be appealed to the Minnesota Court of Appeals.
3. Schedule of administrative civil penalties.
a. The city shall adopt a fee schedule of administrative civil penalties for city code
violations by ordinance or resolution.
b. The maximum amount of an administrative civil penalty may not exceed twice the
maximum fine authorized by state law for misdemeanor offenses or the maximum
fine authorized by state law for an administrative process.
SECTION 3. REPEAL AND REPLACE. The Code of the City of Hastings, County of
Dakota, State of Minnesota, Chapter 10, Section 10.99 General Penalty shall be repealed and
replaced as follows:
Section 10.99. General Penalty.
A. Any person who violates any provision of this code for which another penalty is not
specifically provided shall, upon conviction, be guilty of a misdemeanor. The penalty
which may be imposed for any crime that is a misdemeanor under this code, including
Minnesota Statutes specifically adopted by reference, shall include a sentence of a fine or
jail or both, up to the maximum authorized by law.
B. Exceptions. Where a provision of this code or a statute, rule, or regulation adopted by
reference in this code sets a lesser penalty such as an administrative citation or a petty
misdemeanor, or a different period constituting a violation than set pursuant to City Code
§ 10.99, that code or statutory or regulatory provision prevails.
C. Pursuant to Minn. Stat. § 631.48, as it may be amended from time to time, in either the
case of a misdemeanor or a petty misdemeanor, the costs of prosecution may be added. A
separate offense shall be deemed committed upon each day during which a violation occurs
or continues.
D. The failure of any officer or employee of the city to perform any official duty imposed by
this code shall not subject the officer or employee to the penalty imposed for a violation.
X-C-01
8
E. In addition to any penalties provided for in this section or in § 10.98, if any person, firm or
corporation fails to comply with any provision of this code, the Council or any city official
designated by it, may institute appropriate proceedings at law or at equity to restrain,
correct or abate the violation.
SECTION 4. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance.
The text amendment adopted by the Hastings City Council on
, 2022 modifies the City Ordinance to
SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication according to law.
Passed this day of , 2022.
Mary Fasbender, Mayor
Attest:
Kelly Murtaugh, City Clerk
Published in the _________ on [Date].
X-C-01
1
ORDINANCE NO. XXX
AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, REPEALING AND
REPLACING CITY CODE SECTION 95.20, AMENDING SECTIONS 95.21 AND 95.23,
REPEALING AND REPLACING SECTION 95.24 AND ENACTING SECTIONS 95.25-
95.27 REGARDING PUBLIC NUISANCES
The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain
as follows:
SECTION 1. REPEAL AND REPLACE. The Code of the City of Hastings, County of
Dakota, State of Minnesota, Chapter 95, Section 95.20 Public Nuisances shall be repealed and
replaced as follows:
95.20 Public Nuisances
A. For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
ABATEMENT. Includes, but is not limited to the removal, stoppage, extermination,
eradication, cleaning, cutting, mowing, grading, repairing, draining, securing, barricading,
fencing, demolishing or destroying that which causes or constitutes a nuisance.
ANNOYANCES. Any condition that unreasonably annoys, injures or endangers the safety,
health, morals, comfort or repose of any considerable number of members of the public.
COMPLIANCE DEADLINE. Either 48 hours after the notice is received or posted or such
other date by which the nuisance must be removed, as specified in the notice.
EMERGENCY ABATEMENT. The abatement of the nuisance by the city, or a contractor
employed by the city, by removal, repair or other acts without notice to the owner, agent
or occupant of the property except for the notice required by this code.
ENFORCEMENT OFFICER. Any employee or agent enumerated in City Code § 10.20 or
any duly authorized representative thereof.
GARBAGE. Junk, trash, refuse, rubbish, litter, rubble, paper discarded articles, debris or
matter of any kind or form not cared for, discarded, abandoned or not concealed within an
enclosure.
OBSTRUCTIONS. Objects or conditions that interfere with, endanger or prevent the
ordinary or safe use of any property including public right-of-way.
OWNER. Any person shown to be the property owner of record.
X-C-01
2
PROPERTY. Any real property, premises, structure or location on which a public nuisance
is alleged to exist.
PUBLIC NUISANCE OR NUISANCE. Any substance, matter, emission or thing that
creates a dangerous or unhealthy condition or that threatens the public peace, health, safety
or sanitary condition of the city or that is offensive or has a blighting influence on the
community and is found upon, in, being discharged or flowing from or onto any street,
alley, highway, vehicle, water, excavation, building, erection, lot, grounds or other property
located within the city or any offense that is deemed or declared to be a public nuisance by
the City Code.
RESPONSIBLE PARTY. Any one or more of the following:
1. Agent;
2. Contract for deed holder;
3. Mortgagee or vendee in possession;
4. Lessee; or
5. Other person, firm or corporation exercising apparent control over a property.
UNSHELTERED STORAGE. Includes but is not limited to: machinery, implements,
equipment, or personal property, worn out or discarded material, household appliances or
parts, tools, building materials, tin cans, glass, furniture, mattresses, box springs, crates,
cardboard, tires or any other unsightly debris, brush or materials, the accumulation of
which may have an adverse effect upon the neighborhood or property values, health, safety
or general welfare of the public.
B. Public Nuisance includes, but is not limited to, the following:
1. Violations of City Code § 50 (General Provisions)
2. Violations of City Code § 51 (Utilities);
3. Violations of City Code § 91 (Animals);
4. Violations of City Code § 92 (Rental Housing);
5. Violations of City Code § 150 (Construction Regulations);
6. Violations of City Code § 152 (Stormwater Management);
7. Violations of City Code § 95.25 (Unsheltered Storage);
X-C-01
3
8. Violations of City Code § 95.21 (Public Nuisances Affecting Health);
9. Violations of City Code § 95.22 (Public Nuisance Affecting Morals and Decency);
10. Violations of City Code § 95.23 (Public Nuisance Affecting Peace and Safety);
11. Violations of City Code § 32.04 (Disposal of Inoperable or Abandoned Motor
Vehicles);
12. Violations of City Code § 95.24 (Prohibited Noises);
13. Violations of City Code § 90.04 (Ice And Snow on Public Sidewalks);
14. Violations of City Code § 90.05 (Grass, Weeds and Trees in Streets);
15. Violations of City Code § 157 (Structure Maintenance Code for Rental Residential
Properties);
16. Violations of City Code § 158 (Property Maintenance);
17. Direct sky-reflected glare directed into any adjoining property where the bare lightbulb
is in view of adjacent property or public street.
18. Engaging in any business, activity or conduct that is dangerous, hurtful, unwholesome,
offensive or unhealthy to the neighborhood, or which constitutes an annoyance to
considerable members of the public, or is detrimental to the property in the
neighborhood or to the general public including but not limited to, chronic traffic
congestion, noisy or late night parties or gatherings that disturb the repose of
neighboring property owners, excessive or unreasonable amounts of otherwise lawful
parking that causes the unsafe narrowing of traffic lanes and which parking is caused
by crowds associated with parties or social gatherings; abusive or threatening
language or gestures by residents of the property directed at adjacent or neighboring
property owners; a property that is the location of gatherings of juveniles and
residents or guests have received citations for underage consumption or the owner of
the property has received a citation for allowing or aiding or abetting juvenile
consumption;
19. Permitting, suffering, maintaining or failing to remove any offensive, nauseous,
hurtful, dangerous or unhealthy condition resulting from a failure to properly dispose
of garbage, sewage, waste, debris or any other unwholesome or offensive substance,
liquid, or thing upon one’s premises, or dropping, discharging, passing, depositing or
otherwise delivering the same upon the premises of another or public property;
20. Displaying, circulating, issuing, posting or publishing any slanderous or obscene, or
lewd pictures, posters, literature, writings, drawings or oral statements;
X-C-01
4
21. Any fence, wall, shed, deck, house, garage, building, structure, tree, pole, smokestack,
excavation, hole, pit, basement, cellar, sidewalk, dock, lot, land, yard, premises or
location which by reason of the condition in which it is found or permitted to be or
remain, does or may endanger the health, safety, life, limb or property, or cause any
hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals
in the city; and
22. Any other activity, place or thing that is defined in this code as a nuisance or public
nuisance or any other violations of the city code or zoning ordinance that are a danger
to the health, safety and general welfare of the citizens of the city.
SECTION 2. AMENDMENT. The Code of the City of Hastings, County of Dakota, State
of Minnesota, Chapter 95, Section 95.21 Public Nuisances Affecting Health shall be amended as
follows:
95.21 Public Nuisances Affecting Health
The following are hereby declared to be public nuisances affecting health:
1.A. Exposed accumulation of decayed or unwholesome food or vegetable matter;
2.B. All diseased animals running at large;
3.C. All ponds or pools of stagnant water;
4.D. Carcasses of animals not buried or destroyed within 24 hours after death;
5.E. Accumulations of manure, refuse, or other debris;
6.F. Privy vaults and garbage cans which are not rodent-free or fly-tight or which are so
maintained as to constitute a health hazard or to emit foul and disagreeable odors;
7.G. The pollution of any public well or cistern, stream or lake, canal or body of water
by sewage, industrial waste or other substances;
8.H. All noxious weeds and other rank growths of vegetation upon public or private
property;
I. Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities;
J. All unnecessary and annoying vibrations;
A.K. Violations of City Code § 152.09 (Illicit Discharges and Connections)
9.L. Any offensive trade or business as defined by statute not operating under local
license.
10.
11. All public exposure of people having a contagious disease; and
SECTION 3. AMENDMENT. The Code of the City of Hastings, County of Dakota, State
of Minnesota, Chapter 95, Section 95.23 Public Nuisances Affecting Peace and Safety shall be
amended as follows:
95.23 Public Nuisances Affecting Peace and Safety
The following are declared to be public nuisances affecting public peace and safety:
X-C-01
5
A. All snow and ice not removed from public sidewalks 48 hours after the snow or other
precipitation causing the condition has ceased to fall;
B.A. All trees, hedges, billboards, or other obstructions which prevent people from
having a clear view of all traffic approaching an intersection;
C.B. All wires and limbs of trees which are so close to the surface of a sidewalk or street
as to constitute a danger to pedestrians or vehicles;
D.C. Obstructions and excavations affecting the ordinary public use of streets, alleys,
sidewalks, or public grounds except under conditions as are permitted by this code or other
applicable law;
E. Radio aerials or television antennae erected or maintained in a dangerous manner;
F.D. Any use of property abutting on a public street or sidewalk or any use of a public
street or sidewalk which causes large crowds of people to gather, obstructing traffic, and
the free use of the street or sidewalk;
G.E. All hanging signs, awnings and other similar structures over streets and sidewalks,
so situated so as to endanger public safety, or not constructed and maintained as provided
by ordinance;
H.F. The allowing of rain water, ice, or snow to fall from any building or structure upon
any street or sidewalk or to flow across any sidewalk;
I.G. Any barbed wire fence less than 6 feet above the ground and within 3 feet of a
public sidewalk or way;
J.H. All dangerous, unguarded machinery in any public place, or so situated or operated
on private property as to attract the public;
K.I. Waste water cast upon or permitted to flow upon streets or other public properties;
L. Accumulations in the open of discarded or disused machinery, household appliances,
automobile bodies, or other material in a manner conducive to the harboring of rats, mice,
snakes, or vermin, or the rank growth of vegetation among the items so accumulated, or in
a manner creating fire, health, or safety hazards from accumulation;
M.J. Any well, hole, or similar excavation which is left uncovered or in another
condition as to constitute a hazard to any child or other person coming on the premises
where it is located;
N.K. Obstruction to the free flow of water in a natural waterway or a public street drain,
gutter, or ditch with trash of other materials;
O.L. The placing or throwing on any street, sidewalk, or other public property of any
glass, tacks, nails, bottles, or other substance which may injure any person or animal or
damage any pneumatic tire when passing over the substance;
P.M. The depositing of garbage or refuse on a public right-of-way or on adjacent private
property;
Q.N. All other conditions or things which are likely to cause injury to the person or
property of anyone.
R. Noises
1. Prohibited Noises.
a. General Prohibition. No person shall make or cause to be made any distinctly and
loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the
comfort, repose, health, peace, safety, or welfare of any person or precludes their
X-C-01
6
enjoyment of property or affects their property’s value. This general prohibition is
not limited by the specific restrictions of this section. All noises in violation of the
Minnesota Pollution Control Agency Rules, Chapter 7030, as they may be amended
from time to time, which are hereby incorporated by reference into this code, are
prohibited.
b. Nuisance Factors-Noises. The characteristics and conditions which shall be
considered in determining whether a noise unreasonably annoys, disturbs, injures,
or endangers the comfort, repose, health, peace, safety, or welfare of any person or
precludes their enjoyment of property or affects their property’s value for the
purposes of paragraph (a) of this subsection, shall include, without limitation, the
following:
(1) The time of day or night when the noise occurs;
(2) The duration of the noise;
(3) The proximity of the noise to a sleeping facility, residential area, church,
school, institution of learning or hospital
(4) The land use, nature and zoning of the area from which the noise emanates
and the area where it is perceived;
(5) The number of people and their activities that are affected or are likely to
be affected by the noise; and
(6) The sound peak pressure level of the noise, in comparison to the level of
ambient noise.
c. Noisy Assembly.
(1) Defined. The term “noisy assembly” shall mean a gathering of more than
one person in a residentially zoned or used area or building that would be
likely to cause significant discomfort or annoyance to a reasonable person
of ordinary sensitivities present in the area, considering the time of day and
the residential character of the area, due to loud, disturbing or excessive
noise.
(2) Permitting Noisy Assembly. It shall be a violation of this section for any
person having dominion, care or control of a residentially zoned or used
area or building knowingly to permit a noisy assembly.
(3) Remaining at a Noisy Assembly. It shall be a violation of this section to
participate in, visit or remain at a gathering knowing or having reason to
know that the gathering is a noisy assembly, except any person(s) who has/
have come to the gathering for the sole purpose of abating the noisy
assembly.
d. Animals. It shall be a violation of this section to own, keep, have in possession or
harbor any animal or animals which make any noise to the reasonable annoyance
of another person or persons. The phrase “to the reasonable annoyance of another
person or persons” shall include, but is not limited to, the creation of any noise by
any animal or animals which can be heard by any person, including the animal
control officer or a law enforcement officer, from a location outside of the premises
where the animal or animals are located and which animal noise occurs repeatedly
over at least a five-minute period of time with no more than a one-minute lapse of
time between each animal noise during the five-minute period.
X-C-01
7
e. Amplified Sound. It shall be a violation of this section to play, operate or permit
the playing, use or operation of any radio, tape player, disc player, loud speaker or
other electronic device used for the amplification of sound, unless otherwise
permitted by law, located inside or outside, the sound of which carries to points of
habitation or adjacent properties, and is audible above the level of conversational
speech at a distance of fifty (50) feet or more from the point of origin of the
amplified sound.
f. Motor Vehicles.
(1) Generally. It shall be a violation of this section to use any automobile, truck,
motorcycle, motorboat, all terrain vehicle, snowmobile, recreational
vehicle, other vehicle, or stationary internal combustion engine which
causes or would be likely to cause significant discomfort or annoyance to a
reasonable person of ordinary sensitivities present in the area due to loud,
disturbing or excessive noise.
(2) Amplified Sound from Motor Vehicles. It shall be a violation of this section
to play, operate or permit the playing, use or operation of any radio, tape
player, disc player, loud speaker or other electronic device used for the
amplification of music or other entertainment, which is located within a
motor vehicle on a public street or alley, or in a commercial or residential
parking facility, which is audible by any person from a distance of fifty (50)
feet or more from the motor vehicle. When sound violating this section is
produced or reproduced by any such device that is located in a motor
vehicle, the motor vehicle’s owner, if present when the violation occurs, is
guilty of the violation. If the motor vehicle’s owner is not present at the time
of the violation, the person who has dominion, care or control of the motor
vehicle at the time of the violation is guilty of the violation. In addition to
an owner or a driver, any person who controls or assists with the production,
reproduction, or amplification of sound in violation at this section is guilty
of the violation.
(3) Horns and Other Signals. It shall be a violation of this section to sound any
horn or signal device on an automobile, motorcycle, bus or other vehicle,
except as a danger signal or traffic warning, which would be likely to cause
significant discomfort or annoyance to a reasonable person of ordinary
sensitivities in the area.
(4) Application of the MPCA Rules. No person shall operate a motor vehicle in
the City in violation of the motor vehicle noise limits of the Minnesota
Pollution Control Agency Rules, Sections 7030.1000 through 7030.1060.
2. Hourly Restriction Of Certain Operations.
a. Domestic Power Equipment. No person shall operate a power lawn
mower, power hedge clipper, chain saw, mulcher, garden tiller, edger,
drill, or other similar domestic power maintenance equipment except
between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or
between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or
holiday. Snow removal equipment is exempt from this provision.
b. Refuse Hauling. No person shall collect or remove garbage or refuse in
any residential district except between the hours of 6:00 a.m. and 10:00
X-C-01
8
p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m.
on any weekend or holiday.
c. Construction Activities. No person shall engage in or permit
construction activities involving the use of any kind of electric, diesel,
or gas-powered machine or other power equipment except between the
hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours
of 9:00 a.m. and 9:00 p.m. on any weekend or holiday.
3. Noise Impact Statements. The Council may require any person applying for a
change in zoning classification or a permit or license for any structure,
operation, process, installation or alteration or project that may be considered a
potential noise source to submit a noise impact statement on a form prescribed
by the Council. It shall evaluate each such statement and take its evaluation into
account in approving or disapproving the license or permit applied for or the
zoning change requested.
SECTION 4. REPEAL AND REPLACE. The Code of the City of Hastings, County of
Dakota, State of Minnesota, Chapter 95, Section 95.24 Duties of City Officers shall be repealed
and replaced with 95.24 Prohibited Noises.
95.24 Prohibited Noises
A. General Prohibition. No person shall make or cause to be made any distinctly and loudly
audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose,
health, peace, safety, or welfare of any person or precludes their enjoyment of property or
affects their property’s value. This general prohibition is not limited by the specific
restrictions of this section. All noises in violation of the Minnesota Pollution Control
Agency Rules, Chapter 7030, as they may be amended from time to time, which are hereby
incorporated by reference into this code, are prohibited.
i. Nuisance Factors-Noises. The characteristics and conditions which shall be considered
in determining whether a noise unreasonably annoys, disturbs, injures, or endangers
the comfort, repose, health, peace, safety, or welfare of any person or precludes their
enjoyment of property or affects their property’s value for the purposes of paragraph
(a) of this subsection, shall include, without limitation, the following:
a. The time of day or night when the noise occurs;
b. The duration of the noise;
c. The proximity of the noise source to any location, such that it is reasonably likely
to interfere with the peace, quiet, repose or operation of that property;
d. The land use, nature and zoning of the area from which the noise emanates and
the area where it is perceived;
e. The number of people and their activities that are affected or are likely to be
affected by the noise; and
X-C-01
9
f. The sound peak pressure level of the noise, in comparison to the level of ambient
noise.
ii. Noisy Assembly.
a. The term “noisy assembly” shall mean a gathering of more than one person in a
residentially zoned or used area or building that would be likely to cause significant
discomfort or annoyance to a reasonable person of ordinary sensitivities present in
the area, considering the time of day and the residential character of the area, due
to loud, disturbing or excessive noise.
b. Permitting Noisy Assembly. It shall be a violation of this section for any person
having dominion, care or control of a residentially zoned or used area or building
knowingly to permit a noisy assembly.
c. Remaining at a Noisy Assembly. It shall be a violation of this section to participate
in, visit or remain at a gathering knowing or having reason to know that the
gathering is a noisy assembly, except any person(s) who has/ have come to the
gathering for the sole purpose of abating the noisy assembly.
iii. Animals. Dog barking is regulated by City Code § 91.28. For all other animals, it shall
be a violation of this section to have an animal or animals which make any noise to the
reasonable annoyance of another person. This shall include animal noise which can be
heard by any person from a location outside of the premises where the animal or
animals are located, and which noise occurs repeatedly over at least a five-minute
period of time with no more than a one-minute lapse of time between each animal noise.
iv. Prohibited noises made by sound producing or reproducing equipment. No person shall
use or operate or permit the use or operation of any radio receiving set, musical
instrument, phonograph, paging system, machine or other device for the production or
reproduction of sound in a distinctly and loudly audible manner as to disturb the peace,
quiet and comfort of any person nearby. This includes operation of any such set,
instrument, machine or other device between the hours of 10:00 p.m. and 7:00 a.m. in
such a manner as to be plainly audible at the property line of the structure or building
in which it is located, in the hallway or apartment adjacent, or at a distance of 50 feet
if the source is located outside a structure or building.
v. Motor Vehicles.
a. Generally. It shall be a violation of this section to use any automobile, truck,
motorcycle, motorboat, all-terrain vehicle, snowmobile, recreational vehicle, other
vehicle, or stationary internal combustion engine which causes or would be likely
to cause significant discomfort or annoyance to a reasonable person of ordinary
sensitivities present in the area due to loud, disturbing or excessive noise.
b. Amplified Sound from Motor Vehicles. No person shall operate or permit operation
of a device used for the amplification of sound from a motor vehicle, when the
sound is audible above the level of conversational speech and causes a disturbance
or an annoyance to a reasonable person of ordinary sensibilities present in the area
X-C-01
10
of the motor vehicle. Any person who has care or control of the motor vehicle with
the operating device, whether or not the owner, is guilty of a violation of this
section. Any person who assists with the amplification of sound is guilty of
violating this section.
c. Horns and Other Signals. It shall be a violation of this section to sound any horn or
signal device on an automobile, motorcycle, bus or other vehicle, except as a danger
signal or traffic warning, which would be likely to cause significant discomfort or
annoyance to a reasonable person of ordinary sensitivities in the area.
d. Application of the MPCA Rules. No person shall operate a motor vehicle in the
City in violation of the motor vehicle noise limits of the Minnesota Pollution
Control Agency Rules, Sections 7030.1000 through 7030.1060.
vi. Hourly Restriction Of Certain Operations.
a. Domestic Power Equipment. No person shall operate a power lawn mower, power
hedge clipper, chain saw, mulcher, garden tiller, edger, drill, or other similar
domestic power maintenance equipment except between the hours of 7:00 a.m. and
10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any
weekend or holiday. Snow removal equipment is exempt from this provision.
b. Refuse Hauling. No person shall collect or remove garbage or refuse in any
residential district except between the hours of 6:00 a.m. and 10:00 p.m. on any
weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or
holiday.
c. Construction Activities. No person shall engage in or permit construction activities
involving the use of any kind of electric, diesel, or gas-powered machine or other
power equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any
weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or
holiday.
vii. Noise Impact Statements. The Council may require any person applying for a change
in zoning classification or a permit or license for any structure, operation, process,
installation or alteration or project that may be considered a potential noise source to
submit a noise impact statement on a form prescribed by the Council. It shall evaluate
each such statement and take its evaluation into account in approving or disapproving
the license or permit applied for or the zoning change requested.
SECTION 5. ENACTMENT. The Code of the City of Hastings, County of Dakota, State
of Minnesota, Chapter 95, Section 95.25 Unsheltered Storage shall be enacted as follows:
95.25 Unsheltered Storage
A. General.
1. Purpose. The purpose of this section is to declare the unsheltered storage of inoperable
or abandoned motor vehicles and any other vehicles, machinery, implements,
X-C-01
11
equipment, junk or personal property of any kind to be a danger to the public health
and safety. The use of tarps shall not be considered an acceptable form of shelter.
2. Declaration. The unsheltered storage of these property items throughout the city tend
to impede traffic in the streets, interfere with the enjoyment of and reduce the value of
public and private property, invite plundering, create fire hazards and other safety and
health hazards to children as well as adults, interfere with the comfort and well-being
of the public, and create, extend and aggravate urban blight. The Council declares that,
in order to protect the public health, safety and welfare from such conditions, these
conditions are a public nuisance and must be regulated, abated and prohibited.
B. Unsheltered storage and clutter - General rule. No person may place, permit, store, allow,
maintain or leave machinery, implements, equipment, clutter or personal property or
unsheltered storage upon an open space area of any premises located anywhere in the city.
SECTION 6. ENACTMENT. The Code of the City of Hastings, County of Dakota, State
of Minnesota, Chapter 95, Section 95.96 Abatement shall be enacted as follows:
95.96 Abatement
A. Emergency abatement. Whenever the city is made aware of the existence of a public
nuisance, the city will cause to be inspected the property on which it is alleged that such a
public nuisance exists. Should the Enforcement Officer determine that a public nuisance
exists and that the public health, safety or welfare may be in immediate danger, then
emergency abatement procedures will be implemented and the city may cause the nuisance
to be removed or abated. When emergency abatement is authorized, notice to the owner,
agent or occupant of the property is not required. Following emergency abatement, the city
will post a notice on the property describing the action taken to abate the nuisance.
B. Abatement; notice.
1. General rule. If, after inspecting the property, the Enforcement Officer declares the
existence of a public nuisance but the nature of the nuisance is not such as to require
emergency abatement of the nuisance, then regular abatement procedures will be
followed.
2. Notice.
a. In cases where emergency abatement of a public nuisance is not required, the
Enforcement Officer will serve a notice on the owner or responsible party, by
regular mail, or by personal service, ordering the owner or responsible party to
remove the public nuisance. The notice will contain the following information:
(1) Description of the property upon which the nuisance is situated;
(2) The nature of the nuisance to be abated;
X-C-01
12
(3) State that in the event the owner or responsible party does not comply with the
notice, the necessary work may be performed by the city;
(4) State that if the owner or responsible party does not pay for the expense, the
cost of the work will be assessed against the property; and
(5) A compliance deadline. The notice will require that the public nuisance must
be removed within 48 hours after the date of receipt of the notice unless another
compliance deadline is stated.
b. If the owner of the property or responsible party cannot be found, the notice will be
posted on the property for a period of 48 hours, after which period the city may
perform any necessary work. Notice by regular mail and notice by posting may be
done simultaneously.
3. Disclosure of responsible party.
a. Upon the request of the Enforcement Officer, an owner or responsible party shall
disclose the name of any other owner or responsible party known. This shall include
the person for whom he or she is acting, from whom he or she is leasing the
property, to whom he or she is leasing the property, or with whom he or she has
any conveyancing contract.
b. An owner or responsible party shall, upon the request of the Enforcement Officer,
provide the Officer with access to all interior portions of any occupied or
unoccupied building in order to permit the Officer to make a complete inspection.
4. Authority to abate.
a. The Enforcement Officer is authorized to enter in or upon any property or structure
for the purpose of enforcing and ensuring compliance with the provisions of this
section.
b. If the public nuisance has not been removed or resolved by the compliance
deadline, the city has the authority to enter upon the property and abate the public
nuisance. In abating the nuisance, the city may go to whatever extent necessary to
complete the abatement of the public nuisance, including obtaining a court order.
The city may call upon any of the city departments or divisions for whatever
assistance is deemed necessary or may by private contract cause the abatement of
the public nuisance. If any material derived from the abatement is salvageable, and
no notice of appeal is received by the city as provided in City Code § 95.96 B. 6
below, the city may treat the property as abandoned pursuant to City Code §
32.04.B. and sell the salvaged material at private or public sale.
X-C-01
13
5. Abatement Invoice. If the city performs the work pursuant to City Code § 95.96 B. 4(b)
above, the city will maintain a record showing the cost of the work attributable to each
separate lot and parcel, including administrative costs. Abatement costs shall include,
but are not limited to, the cost of the abatement, the cost of investigation, such as title
searches, inspection and testing, the cost of notification, filing costs and administrative
costs, including an overhead charge of up to 25% for administrative costs.
6. Appeals. An owner or responsible party may appeal by following the procedures set
forth in City Code § 10.25 C. Any personal property of value or salvageable property
coming into possession of the city during the course of the abatement pursuant to City
Code § 95.96 B. 4(b) above will be stored by the city pending the outcome of the appeal.
SECTION 7. ENACTMENT. The Code of the City of Hastings, County of Dakota, State
of Minnesota, Chapter 95, Section 95.97 Violations shall be enacted as follows:
95.97. Violations
A. No person shall, directly or indirectly or by omission, create a nuisance.
B. No responsible party shall allow a nuisance to remain upon or in any property, structure or
vehicle under that person’s control.
C. Violations of this Chapter shall be deemed to be a public nuisance subject to abatement
pursuant to City Code §95.96, an administrative citation pursuant to City Code § 10.25 or
any other enforcement action pursuant to City Code § 10.99.
SECTION 8. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance.
The text amendment adopted by the Hastings City Council on
, 2022 modifies the City Ordinance to
SECTION 9. EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication according to law.
Passed this day of , 2022.
Mary Fasbender, Mayor
Attest:
X-C-01
14
Kelly Murtaugh, City Clerk
Published in the _________ on [Date].
X-C-01
1
ORDINANCE NO. XXX
AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, REPEALING AND
REPLACING SECTION 32.04.A – DISPOSAL OF ABANDONED MOTOR VEHICLES
The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain
as follows:
SECTION 1. REPEAL AND REPLACE. The Code of the City of Hastings, County of
Dakota, State of Minnesota, Chapter 32, Section 32.04 A. Disposal of Abandoned Motor Vehicles
is hereby repealed and replaced as follows:
A. Inoperable or abandoned motor vehicles.
1. Definitions. For the purposes of this subdivision, an inoperable or abandoned motor
vehicle means a motor vehicle as defined in Minn. Stat. § 168B.011, subd. 2 and in a
condition described by one of the following:
a. On private property for a period of more than 48 hours without consent of the
person in control of the property;
b. Disabled meaning partially or completely dismantled or appearing either to be
undrivable or to be lacking any of those parts of a motor vehicle which are essential
to the functioning of the vehicle to the extent of making the vehicle inoperable,
unless allowed under A.3. of this section;
c. Without license plates or with license plates that have been expired for more than
90 days prior to the date of inspection;
d. An abandoned motor vehicle shall also mean a motor vehicle as defined in Minn.
Stat. § 168B.011, subd. 2. which has remained in the impound lot of a towing
company, licensed by the city, for more than 30 days after a written notice to
remove the motor vehicle has been sent by registered mail to the registered owner.
2. General Rule. No person shall place, park, permit to remain, store or leave upon an
open area of any premises located anywhere in the city any inoperable or abandoned
vehicle for more than seven days unless:
a. In a residential zoned district, inoperable or abandoned vehicles may not be placed,
parked, permitted to remain, stored or left for more than 48 hours unless the vehicle
is kept entirely within an enclosed building.
b. In a business or industrial zoned district, inoperable or abandoned vehicles may not
be placed, parked, permitted to remain, stored or left for more than 48 hours unless
adequately screened, or three days on a business or industrial property that is not
an auto repair establishment. Adequate screening will require the keeping of the
X-C-01
2
vehicles within a building, tight fence at least five feet in height, or within an earth-
toned or neutral colored opaque cover that was specifically designed and
manufactured for that purpose and which completely encloses such vehicle. Any
inoperable or abandoned vehicle legally kept in a business or industrial zoning
district for more than seven days must be at least 100 feet from a public highway
or residential building.
3. Exemptions. For the purpose of this chapter the following vehicles are not to be
considered abandoned or inoperable motor vehicles:
a. A classic or pioneer car, as defined in Minn. Stat. § 168.10, provided that it is kept
secure and as long as it has substantial potential further use consistent with its usual
functions;
b. Vehicles on the premises of a motor vehicle and parts dealer, junkyard, junk dealer,
motor vehicle salvage dealer, automobile repair garage or body shop which is
authorized by this Code;
c. A vehicle kept inside an enclosed garage or storage building.
4. Removal and Disposal by owner. If a vehicle fails to meet any of the above
requirements, the owner or possessor of the vehicle will be responsible to remove the
vehicle to a duly licensed junkyard or other authorized place of deposit or storage
within ten business days of receipt of a written demand by the city. In the event the
owner or possessor of the vehicle cannot be located, then it will be the responsibility
of the owner of the premises to remove the vehicle to a duly licensed junkyard or other
authorized place of deposit or storage within ten working days of receipt of the written
demand by the city.
5. Enforcement and Penalty. Inoperable and abandoned motor vehicles are deemed to be
a public nuisance, subject to abatement pursuant to City Code §95.96, administrative
citations pursuant to City Code §10.25 or any other penalty provided in City Code
§10.99.
6. Disposition of impounded/abated vehicles. In all cases of impoundment or abatement
as described above, the city shall serve notice on the owner of the property pursuant to
Minnesota Statute § 168B.06. The owner or lienholder may reclaim the vehicle
pursuant to Minnesota Statute § 168B.07. If the vehicle is not reclaimed, it may be
disposed of at auction or sale pursuant to Minnesota Statute § 168B.08.
SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance.
X-C-01
3
The text amendment adopted by the Hastings City Council on
, 20___ modifies the City Ordinance to
SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication according to law.
Passed this day of , 20___.
Mary Fasbender, Mayor
Attest:
Kelly Murtaugh, City Clerk
Published in the _________ on [Date].
X-C-01
1
ORDINANCE NO. XXX
AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING
CHAPTER 158 PROPERTY MAINTENANCE
The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain
as follows:
SECTION 1. AMENDMENT. The Code of the City of Hastings, County of Dakota, State
of Minnesota, Chapter 58 is hereby amended as follows:
158.01 Purpose And Policy
A. Purpose And Policy.
1. This chapter provides a practical method to regulate the maintenance and use of
existing properties and buildings within the City of Hastings for the purpose of
protecting the public health, safety and welfare.
2. This chapter:
a. Establishes minimum standards for maintenance property and buildings; and
b. Provides for administration and enforcement.
B. Intent. The Council finds there exists in the city numerous properties which are substandard
in 1 or more important features of structure or appearance. Such conditions adversely affect
public health and safety and lead to the continuation, extension and aggravation of urban
blight. Adequate protection of public health, safety and welfare requires the establishment
and enforcement of minimum property maintenance standards. The City Council intends
that this chapter be an integral part of the city’s program of health, safety, building and land
use regulation. This chapter is to be construed liberally, in conjunction with other provisions
of the City Code, to give effect to the policy, purpose and objectives of this section, but is
not construed to modify, amend or otherwise alter the provisions of the City Code relating
to health, safety, structure or land use regulation.
158.02 Definitions
The following terms as used in this subchapter shall have the meaning stated:
APPROVED. As approved by the Property Maintenance Inspector.
BOARD OF APPEALS. The City Council of the City of Hastings.
CARPORT. A shelter for an automobile, consisting of a roof extended from the side of a building,
sometimes with an additional wall.
COMMERCIAL VEHICLES/EQUIPMENT. Includes but is not limited to backhoes, dump
X-C-01
2
trucks, landscaping equipment, skid steers, wood chippers, cube or box type trailers or trucks, tow
trucks, tractor trailers, semi-trailers, farm trailers, custom service vehicles, such as, but not limited
to, well-drilling machines, wood-sawing machines, cement mixers, rock crushers, road grader,
ditch digger, grading equipment; typical household or property maintenance service vehicles, any
service vehicle engaged in a business which includes the repairing or servicing of vehicles, snow
removal and road maintenance equipment and vehicles and all trailers designed for, or frequently
used to transport any of the above.
DETERIORATED. Materials or conditions that are substandard and are in need of repair or
replacement.
EXTERIOR SURFACE. Any surface exposed to weather conditions.
FAILED PAINT. Paint which is cracked, flaked, blistered, pealed, chalked, scaled over 20% or
more of any wall surface or fence surface, or has failed to provide a protective surface for the base
material.
FULLY SCREENED. Enclosed by use of a wall, fence or partition to hide the view of an object
or property so as not to be readily visible from adjacent property.
HAZARDOUS TREES or BRUSH. Any tree(s) or brush that jeopardizes the structural integrity
of a building, fence or structure or endangers human safety.
LOT. A separate parcel, tract or area of land undivided by any public street or approved private
road, established by plat, metes and bounds subdivision, or otherwise permitted by law, and
occupied or intended to be developed for and occupied by a principal building or group of buildings
or accessory buildings, or utilized for a principle uses and uses accessory thereto, including such
open spaces and yards as are designed and arranged or required by this city code for such building,
use or development.As defined in City Code § 155.02.
MISCELLANEOUS MATERIAL. MISCELLANEOUS MATERIAL includes, but is not
limited to, wood pallets and miscellaneous construction materials, glass, wire, metal items, vehicle
or bicycle parts, tires, gasoline cans, plastic containers, indoor furniture, cookware or other items
meant for indoor use, propane tanks, used oil, used antifreeze, paper, wrappings, cardboard, tin
cans, leaves, yard clippings, bricks, batteries, plaster, cement and mattresses. See also definition
of Unsheltered Storage – City Code § 95.20 A.
MOTOR VEHICLE. Any self-propelled vehicle designed and originally manufactured to operate
primarily upon public roads and highways. It includes any vehicle propelled or drawn by a self-
propelled vehicle.As defined in Minnesota Statutes § 168.002 subd. 18.
MOTORCYCLE. Every motor vehicle having a seat or saddle for the use of the rider and
designed to travel on not more than 3 wheels in contact with the ground, including motor scooter
and bicycles with motor attached, other than those vehicles defined as motorized bicycles.As
defined in Minnesota Statutes § 169.011 subd. 44.
X-C-01
3
MOTORIZED BICYCLES. A bicycle that is propelled by a motor of a piston displacement
capacity of 50 cubic centimeters or less, and a maximum of 2 brake horsepower, which is capable
of a maximum speed of not more than 30 miles per hour on a flat surface with no more than 1%
grade in any direction when the motor is engaged. As defined in Minnesota Statutes § 169.011
subd. 45.
ORDER TO REPAIR. An order from the City of Hastings to a property owner that requires
maintenance or repairs to be done to correct a Property Maintenance Ordinance violation.
OWNER’S AGENT. A person with written permission from the owner, legal guardian or power
of attorney, able to represent the owner’s interests.
PASSENGER VEHICLES. Passenger automobile, pick-up truck, van, self-propelled recreational
vehicle motorcycle, motorized bicycle, school bus or farm truck. As defined in Minnesota Statutes
§ 168.002 subd. 24.
PICK-UP TRUCK. Any truck with a manufacturers nominal rated carrying capacity of 3/4 ton
or less, commonly known as a pick-up truck. As defined in Minnesota Statutes § 168.002 subd.
26.
PROPERTY MAINTENANCE INSPECTOR. The person or persons who have beenAny
person authorized by the Hastings City Council to enforce the Property Maintenance Ordinance,
which shall include the building Official and the Supervisor of Inspections and Code Enforcement.
RECREATIONAL VEHICLES/EQUIPMENT. As defined in Minnesota Statutes § 168.002
subd. 27, and includes, but is not limited to the following:
a. Boats and canoes;
b. All terrain vehicles (ATVs);
c. Snowmobiles;
d. Noncommercial utility trailers and trailers for the transportation of boats, canoes,
snowmobiles and ATVs, or other such similar vehicles;
e. Travel campers or house trailers;
f. Motor homes and motor vehicles designed, constructed or used to provide temporary
movable living quarters; or
g. Slip-in camper tops attached or detached from pick-up trucks.
Motorized or non-motorized; includes but is not limited to boats, boat trailers, travel trailers, pick-
up campers and coaches, tent campers, tent trailers, canoes, motor homes, jet skies, all-terrain
vehicles, go-karts, mud trucks, stock cars, stock car trailers, buses, snowmobiles, snowmobile
trailers, jet ski trailers, truck toppers, and enclosed box trailers, whether occupied or not with
equipment or vehicles, and all trailers designed for or frequently used to transport any of the above.
X-C-01
4
SEMI-TRAILER. SEMI-TRAILER. As defined in Minnesota Statutes § 168.002 subd. 30.
means a vehicle of the trailer type so designed and used in conjunction with a truck-tractor that a
considerable part of its own weight or that of its load rests upon and is carried by the truck-tractor
and includes a trailer drawn by a truck-tractor semi-trailer combination.
SPECIFIC AREA. One part or piece of a larger surface or assembly.
TRAILER. Trailer means any vehicle designed for carrying property or passengers on its own
structure and for being drawn by a motor vehicle. As defined in Minnesota Statutes § 168.002
subd. 35.
TRUCK-TRACTOR. Also known as a TRACTOR-TRAILER, a TRUCK-TRACTOR is a
motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry
a load other than a part of the weight of the vehicle and load drawn. As defined in Minnesota
Statutes § 168.002 subd. 38.
VAN. Any vehicle of box-like design with no barrier or separation between the operators and the
remainder of the cargo-carrying area, and with a manufacturers nominal rated capacity of 3/4 tons
or less. As defined in Minnesota Statutes § 168.002 subd. 40.
VEHICLE. Any motor vehicle, passenger vehicle, recreational vehicle/equipment or commercial
vehicle/equipment. As defined in Minnesota Statutes § 168A.01 subd. 24.
VIOLATION NOTICE. Notice in writing given to the owner of record of a violation of the City
of Hastings Property Maintenance Ordinance.
158.03 Enforcement
A. Enforcement. Enforcement and inspections shall be conducted pursuant to City Code §
10.20. The Hastings City Council shall authorize the Inspections and Code Enforcement
staff as assigned by the Supervisor of Inspections and Code Enforcement to enforce this
chapter under the title of Property Maintenance Inspector.
Inspections. The Property Maintenance Inspector shall make inspections and take any such
action as may be required to enforce the provisions of this chapter.
Right Of Entry. Whenever the Property Maintenance Inspector has reasonable cause to
believe that there may exist in any building or on any property any condition that is in
violation of this chapter, the Property Maintenance Inspector may enter the building or
property at reasonable times to make inspections or to perform any duty required to
administer said chapter. The Property Maintenance Inspector shall first present proper
credentials and request entry. If the property is unoccupied the inspector shall mail notice
to the owner of record by certified mail 7 days prior to inspection. If entry is refused the
X-C-01
5
building inspector shall have recourse to every remedy provided by law to secure entry,
including the right to secure a proper inspection warrant.Violations. Violations are
considered a public nuisance and punishable pursuant to City Code § 95.97, or any other
alternative methods of enforcement authorized by this Code. When a property or building
is in violation of this ordinance, the property owner of record shall be issued a Notice of
Violation and Compliance Order in writing to include the following information:
1. A description of the property sufficient for identification.
2. Description of the violation(s) and the action required to remedy the violation(s).
3. Provision of reasonable time to perform any remedy to be completed.
4. Notice of any action that may be taken by the city if repairs are not made in a reasonable
time period.
5. Notice of any right of appeal.
B. Appeals. Any person aggrieved by a violation notice and order to make repairs to property
shall have the right to appeal. The Board may uphold the violation; void all violations; or,
change any described violation by adding violations, removing violations or changing the
order to repair.
C.B. Appeal Procedure. Any property owner or owner’s agent that has been served with
a violation notice and an order to repair shall have the right to appeal the order to the Board
of Appeals and Adjustments within 20 days after receiving the compliance order. All
appeals shall be made to the Supervisor of Inspections and Code Enforcement in writing
with any information to substantiate the appeal. The appeal shall be considered by the
Board of Appeals and Adjustments under provisions established for consideration of the
appeals under § 30.02.
158.04 P158.04 Property Maintenance Requirements
a.A. Abandoned And Non-operational Motor Vehicles. It is unlawful to park or store on
any property within the city any abandoned or non-operational or unlicensed motor vehicle,
unless housed within a building which complies with City Code. See City Code § 32.04.
B. Parking And Storage Of Vehicles. The outside parking and storage on property of large
numbers of vehicles and vehicles, materials, supplies or equipment not customarily used
for residential purposes in violation of the requirements set forth below is declared to be a
public nuisance because it: obstructs views on streets and private property; creates cluttered
and otherwise unsightly areas; prevents the full use of residential streets for residential
parking; introduces commercial advertising signs into areas where commercial advertising
signs are otherwise prohibited; decreases adjoining landowners’ and occupants’ enjoyment
of their property and neighborhood; and otherwise adversely affects property values and
neighborhood patterns.
1. Purpose. The purpose of this section is to preserve and protect residential districts from
the intrusion of objects of a size and appearance as to cause interference with sight
lines, access to structures by emergency vehicles and personnel, unsightly clutter and
to prevent visual obstruction that is inconsistent with the intent of the provisions of the
zoning and subdivision ordinances.
X-C-01
6
b. Number of Vehicles.
1.2.It is unlawful to park or store on a residential lot, outside of a building that complies
with city code, vehicles in excess of the amount permitted by this division.
a. IIn the Agricultural, R-1, and R-1L Zoned Residential Districts, it is unlawful to
park or store more than a combined total of 5 vehicles outside of a structure on a
lot. Of these 5 no more than 2 may be of the recreational vehicle/equipment
category or the commercial vehicle/equipment category, combined.
a.
b. In all other Zoning DistrictsDistricts, it is unlawful to park or store on a residential
lot more than a combined total of 3 vehicles per residential dwelling unit outside of
an enclosed structure on any lot. Of these 3, only 1 may be of the recreational
vehicle/equipment or commercial vehicle/equipment category.
2.
3. For those vehicles allowed in this division, the following conditions shall apply:
3.
a. In all residential zoning districts, no vehicle shall be parked in a front yard or in a
side yard that is adjacent to a street unless parked on an asphalt or concrete surface.
a. No recreational vehicle/equipment or commercial vehicle/equipment shall be
parked or stored at the street end of a driveway within the boulevard portion of the
public right-of-way.
b.
b.c. No more than 1 currently licensed recreational vehicle/equipment or commercial
vehicle/equipment may be parked in a driveway on a residential lot and it must also
be 8 feet or less in height.
c.d. One currently licensed recreational vehicle/equipment or commercial
vehicle/equipment may be parked on the lot behind the nearest portion of the
building closest to a street.
d.e. No motor vehicles, passenger vehicles, recreational vehicles/equipment or
commercial vehicles/equipment shall be used for the purpose of a residence and/or
housekeeping, in any zoning district, unless approved by the City.
e.f. Except as provided in (B)(43)(b) above, no commercial vehicles/equipment may be
parked or stored on a residential lot outside of a structure, except while work is
being performed at the property.
g. Except as provided in (B)(43)(b) above, recreational vehicles/equipment can be
parked in a driveway for a period not to exceed 72 hours for the purpose of loading
and unloading.
X-C-01
7
h. No more than one non-oversized (less than 25 feet, as measured from the tongue to
the rear) travel camper, house trailer, motor home, motor vehicle designed,
constructed or used to provide temporary movable living quarters or slip-in camper
top attached or detached from a pick-up truck may be parked or stored on single-
family residential property.
i. No more than one non-oversized (less than 20 feet, as measured from the tongue to
the rear) noncommercial utility trailer or trailer for the transportation of boats,
canoes, snowmobiles and ATVs or other such similar vehicle may be parked or
stored on single-family residential property.
j. No recreational vehicle shall be permanently affixed to the parking surface in a
manner that would prevent its removal.
k. All recreational vehicles shall be in good, operable condition and properly licensed
for operation.
l. All recreational vehicles shall be registered to the property owner or occupant on
which the recreational vehicles are stored.
m. Noncommercial utility trailers that are loaded with a boat, snowmobile, ATV or
similar vehicle shall be counted as one recreational vehicle (trailer plus vehicle) for
purposes of calculating the total number of vehicles per premises.
f.
c.b. Storage Of Miscellaneous Materials And Equipment.
1. ScreenedNo Unsheltered Storage. All miscellaneous materials and equipment not
enclosed within an approved shelter or approved cover, shall be fully screened so as
not to be visible from adjoining properties shall comply with City Code §95.25.
2. Exceptions. Hot tubs, clothes lines, playground type equipment, construction,
agricultural, landscaping materials or equipment currently being used to perform work
on the premises.
d.c. Grass And Weeds On Public or Private Property.
1. It is unlawful for any owner, occupant or agent of any lot or parcel of land in the city
to allow any vegetation such as weeds or grass growing upon any such lot or parcel or
land to grow to a height greater than 12 inches or to allow such weeds or grass to go to
seed.
2. If any such owner, occupant or agent fails to comply with this height limitation and
after notice given by the Property Maintenance Inspector, or his or her agent, has not
complied within 72 hours of such notice, the city shall cause such weeds or grass to be
cut and the expenses thus incurred shall be a lien upon such real estate. The city shall
certify to the Dakota County Auditor, a statement of cost incurred by the city. Such
amount, together with interest, shall be entered as a special assessment against such lot
X-C-01
8
or parcel of land and shall be collected in the same manner as real estate taxes.
3. Property owners must also comply with City Code § 90.05 regarding Grass, Weeds
and Trees in Street.
2.
e.d. Trees, Brush, Shrubs On Public or Private Property.
1. Any tree, shrub or brush that grows against any building or fence which represents a
hazard to the structural integrity of said building or fence shall be removed or trimmed
to prevent damage.
2. Trees, tree limbs, brush or shrubs that are dead, damaged and hazardous by nature shall
be removed and disposed of in a legal manner.
2.3.Property owners must also comply with City Code § 90.05 regarding Grass, Weeds and
Trees in Street.
f.e. Electrical Wires, Fixtures, And Devices On Private Property.
1. No electrical wires shall hang less than 10 feet above the ground or 12 feet from a
driveway surface.
2. Loose hanging electrical fixtures, wires and devices shall be repaired, replaced or
properly abandoned.
g.f. Stormwater Runoff. Stormwater runoff from roofs, decks, yards and other surfaces shall
drain so as not to represent a hazard to other properties or stain, discolor or degrade siding
and other building surfaces.
h.g.Repair And Maintenance Of Existing Buildings. All buildings within the city shall be
maintained as indicated below. Existing uses shall comply with these provisions within 12
months following passage of this chapter. Buildings, fences and other structures that have
been poorly maintained so that their physical condition and appearance detract from the
surrounding neighborhood are declared to be a public nuisance because they are unsightly,
decrease adjoining landowners and occupants’ enjoyment of their property and
neighborhood and adversely affect property values. Owners of buildings, fences and other
structures shall comply the following regulations:
1. All surfaces in general.
a. All exterior surfaces shall be of material manufactured or processed specifically
for use in weather exposed location.
b. All surfaces must be kept reasonably weather tight and rodent proof.
c. Exterior wood, not decay resistant by processed or natural means must be
protected by paint, stain or other approved treatment and applied as approved for
use by the manufacturer.
d. Exterior surfaces shall be maintained free of cracks, tears, breaks from
deterioration or neglect.
e. Exterior protective surfaces on all buildings shall be maintained in good repair so
as to provide a sufficient covering and protection of structural members,
X-C-01
9
insulation and interior finishes.
f. All visible rot shall be deemed deteriorated and must be replaced or repaired.
2. Roof, chimneys.
a. Roofs shall be maintained in a weather tight and water proof condition.
b. Loose, broken and missing roofing materials shall be repaired or replaced as per
manufacturers’ recommendations. All repairs shall match original color, style and
application as close as possible or as approved by the city.
c. All roofing materials shall be applied to suitable base or sheathing according
manufacturer’s recommendations. Rotted or deteriorated structural members and
sheathing shall be replaced prior to the installation of roofing materials.
d. Severely deteriorated roofing materials shall be replaced. When 25% or more of
granule mineral surface coating is missing from the surface of asphalt roofing
products, the roofing shall be considered severely deteriorated.
d.e. Chimneys and air vents or similar projects must be structurally sound and in good
repair. These projections must be properly secured.
3. Foundations.
a. All foundations shall be constructed of materials that are resistant to rot such as:
concrete, stone, brick or FDN .60 CCA retention preservative treated lumber to a
point 6 inches above the finished grade.
b. All foundations shall be maintained to support the intended loads.
c. All foundations shall be repaired if any brick, stone, block or other component
has fallen out or has deteriorated.
d. All foundations shall be deemed out of repair if more than 20% of mortar is loose
or has fallen out.
e. All foundations shall be rodent proof and shall not have cracks more than 1/4 inch
in width.
4. Exterior walls, soffit, fascia and trim.
a. All surfaces shall be free of rot, damaged or missing pieces and shall provide
complete weather protection.
b. All exterior surfaces on which the paint has blistered, peeled, cracked, flaked,
scaled or chalked away or has failed to provide a protective surface over any wall
to an extent of 20% or more of surface area, including windows, doors, trim, rails,
cornice, siding, fascia, soffit and other such areas shall be deemed to be out of
repair and must be repainted with materials approved for use, applied per
manufacturer’s recommendations. Patching of existing painted areas shall be
matched in color as close as possible.
c. All cornices, moldings, trim, sills, bay or dormer windows or similar projections
must be kept in good repair. Any missing trim pieces shall be replaced to match
existing materials trim.
X-C-01
10
5. Exterior doors, windows.
a. All exterior doors and windows shall be set square in secured frames and fully
operable. Doors and windows may be secured in a closed position if not necessary
for egress or fire escape.
a.b. No glass, including windows and exterior light fixtures, may be broken or
cracked.
b.c. All broken, torn or missing glazing or screens shall be replaced in doors and
windows with new glazing or screens. All broken or missing glazing in doors or
areas subject to human impact shall be replaced with safety glass as approved by
the Building Official or which meets UBC Standard No.
c.d. Exterior paint must be maintained per as described herein.
d.e. Exterior masonry or brick chimneys will be deemed to be out of repair if 10% or
more of the pointing is loose, has fallen out or if any brick, masonry unit or stone
is loose or fallen out.
6. Steps, sidewalks, porch, decks, etc.
a. All exterior steps, porches, decks, and sidewalks (located on private property)
shall be structurally sound and in good repair repaired with decay resistant
materials unless protected by a roof.
b. All rotted or missing materials shall be repaired.
c. Steps, porches, and decks shall be repaired if settlement has occurred at a rate of
1/2 inch in 1 foot.
d. Cracked or buckled sidewalks (located on private property) with 1 inch difference
in height between must be repaired.
e. Exterior paint must be maintained as per division (H)(4)(db).
7. Fences.
a. Fences shall be deemed deteriorated if any of the following conditions occur:
rotted, missing or broken parts, if they are unstable leaning or failed paint over
more than 20% of any fence surface.
b. Existing fences shall not be constructed with materials designed to cause an injury
such as fencing charged with electricity or barbwire.
c. Fences may not cause a hazard by blocking a drivers view of an oncoming vehicle
or pedestrian.
158.99 Penalty
A. Any person who shall violate any of the provisions of this chapter hereby adopted or fail
to comply therewith, or shall violate or fail to comply with any order made thereunder, or
who shall build in violation of any detailed statement of specifications or plans submitted
and approved thereunder, and from which no appeal has been taken, modified by the Board
of Appeals or by a court of competent jurisdiction, within the time fixed herein, shall
separately for each and every violation and non-compliance, respectively, be guilty of a
X-C-01
11
misdemeanor. The imposition of 1 penalty for any violation shall not excuse the violation
or permit it to continue; and, all such persons shall be required to correct or remedy such
violation or defects within a reasonable time; and, when not otherwise specified, each day
that prohibited conditions are maintained shall constitute a separate offense.
B. The application of the above penalty shall not be held to prevent the enforced removal of
prohibited conditions.
SECTION 4. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance.
The text amendment adopted by the Hastings City Council on
, 2022 modifies the City Ordinance to
SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication according to law.
Passed this day of , 2022.
Mary Fasbender, Mayor
Attest:
Kelly Murtaugh, City Clerk
Published in the _________ on [Date].
X-C-01
1
ORDINANCE NO. XXX
AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING CH. 34,
SECTION 34.03 FEE SCHEDULE
The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain
as follows:
SECTION 1. AMENDMENT. The Code of the City of Hastings, County of Dakota, State
of Minnesota, Chapter 34.03 Fee Schedule, is hereby amended by adding the following fees:
Administrative Citation Fine Schedule
City Code Section Description of Violation Penalty Amount 1
City Code §§ 50, 51 General Provisions, Utilities (i.e. sewer, water, trash) $200
City Code §§ 30.02,
30.03, 154, 155
Failure to obtain a Zoning or Subdivision permit or
violations of approved Zoning or Subdivision permit $500
City Code § 32.04 Inoperable or Abandoned Motor Vehicles $200
City Code §§ 70, 71 Traffic or parking violations $50
City Code § 90.04 Ice and Snow on Public Sidewalks $50
City Code § 90.05 Grass, Weeds and Trees in Streets $100
City Code § 91
Animal violations (i.e. running at large, too many,
improper shelter) but not including license violations
or dangerous dog violations $50
City Code § 91
Animal license violations but not including dangerous
dog violations $75
City Code § 91.30 All Dangerous Dog violations $500
City Code §§ 92, 110
All violations involving business license or permit
violations $500
City Code § 93 Fire Code violations $100
City Code § 95 All Public Nuisance violations $200
City Code § 150 Construction regulations $200
City Code §§ 150,
156, 157, 158
Construction regulations involving hazardous
conditions $500
City Code §§ 154, 155 All general Zoning or Subdivision Regulation violations $200
X-C-01
2
City Code § 157 Maintenance Code for Rental Residential Properties $500
City Code § 158
Property Maintenance Violations - Single-Family
Residential $200
City Code § 158
Property Maintenance Violations - Multi-Family or
Commercial Properties/Uses $500
City Code §10.25 Appeal Filing Fee $100
General
Except as otherwise stated herein, all other violations
of City Code or Zoning Ordinance $200
1 For repeat violations within 12 months, the amount of the fine imposed for the most recent violation
will be doubled, up to a maximum of $2,000
SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance.
The text amendment adopted by the Hastings City Council on
, 20___ modifies the City Ordinance to
SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication according to law.
Passed this day of , 20___.
Mary Fasbender, Mayor
Attest:
Kelly Murtaugh, City Clerk
Published in the _________ on [Date].
X-C-01
1
ORDINANCE NO. XXX
AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, REPEALING AND
REPLACING CITY CODE SECTION 91.30 REGARDING DANGEROUS DOGS
The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain
as follows:
SECTION 1. REPEAL AND REPLACE. The Code of the City of Hastings, County of
Dakota, State of Minnesota, Chapter 91, Section 91.30 Dangerous Dogs shall be repealed and
replaced as follows:
91.30 Regulation of Dangerous or Potentially Dogs
A. Adoption by reference. Except as otherwise provided in this section, the regulatory and
procedural provisions of Minn. Stat. §§ 347.50 to 347.565, as they may be amended from
time to time (commonly referred to as the “dangerous dog regulations”) are adopted by
reference.
B. Definitions. For the purpose of this section, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
DANGEROUS DOG. A dog that:
1. Has when unprovoked, inflicted substantial bodily harm on a human being on
public or private property;
2. Has killed a domestic animal when unprovoked while off the owner’s property;
3. Has attacked one or more persons on two or more occasions; or
4. Has been found to be potentially dangerous and after the owner has notice of the
same, the dog aggressively bites, attacks or endangers the safety of humans or
domestic animals.
DOG. Both the male and female of the canine species commonly accepted as domesticated
household pets.
GREAT BODILY HARM. Bodily injury which creates a high probability of death, or
which causes serious permanent disfigurement, or which causes a permanent or protracted
loss or impairment of the function of any bodily member or organ or other serious bodily
harm.
OWNER. Any person or persons, firm, corporation, organization, department or
association owning, possessing, harboring, keeping, having an interest in, or having care,
custody or control of a dog.
MAINTENANCE COSTS. Any costs incurred as a result of seizing an animal for
impoundment, including, but not limited to, the capturing, impounding, keeping, treating,
X-C-01
2
examining, securing, confining, feeding, destroying, boarding or maintaining seized
animals, whether these services are provided by the city or the pound.
POTENTIALLY DANGEROUS DOG. A dog that:
1. Has when unprovoked, inflicted a bite on a human or domestic animal on public or
private property;
2. Has when unprovoked, chased or approached a person, including a person on a
bicycle, upon the streets, sidewalks or any public or private property, other than the
owner’s property, in an apparent attitude of attack; or
3. Has a known propensity, tendency or disposition to attack unprovoked, causing
injury or otherwise threatening the safety of humans or domestic animals.
PROPER ENCLOSURE. Securely confined indoors or in a securely enclosed and locked
pen or structure suitable to prevent the dog from escaping and to provide protection for the
dog from the elements. A PROPER ENCLOSURE does not include a porch, patio or any
part of a house, garage or other structure that would allow the dog to exit of its own volition,
or any house or structure in which windows are open or in which door or window screens
are the only barriers which prevent the dog from exiting. The enclosure shall not allow the
egress of the dog in any manner without human assistance. A pen or kennel shall meet the
following minimum specifications:
1. A minimum overall floor size of 32 square feet;
2. Sidewalls shall have a minimum height of five feet and be constructed of 11-gauge
or heavier wire. Openings in the wire shall not exceed two inches, support post shall
be one and one-fourth inch or larger steel pipe buried in the ground 18 inches or
more. When a concrete floor is not provided, the sidewalls shall be buried a
minimum of 18 inches in the ground;
3. A cover over the entire pen or kennel shall be provided. The cover shall be
constructed of the same gauge wire or heavier as the sidewalls and openings in the
wire shall not exceed two inches; and
4. An entrance/exit gate shall be provided and be constructed of the same material as
the sidewalls and openings in the wire shall not exceed two inches. The gate shall
be self-closing and self-locking. The gate shall be locked at all times when the dog
is in the pen or kennel.
SUBSTANTIAL BODILY HARM. Bodily injury that involves a temporary but
substantial disfigurement, or that causes a temporary but substantial loss or impairment of
the function of any bodily member or organ or that causes a fracture of any bodily member.
UNPROVOKED. The condition in which the dog is not purposely excited, stimulated,
agitated or disturbed.
C. Declaration of dangerous or potentially dangerous dog.
X-C-01
3
1. A police officer, community service officer, animal control officer or other authorized
city employee may declare a dog to be dangerous or potentially dangerous when the
officer has probable cause to believe that a dog is dangerous or potentially dangerous.
The following factors will be considered in determining a dangerous or potentially
dangerous dog:
a. Whether any injury or damage to a person by the dog was caused while the dog
was protecting themselves, defending a person, or the protecting dog’s
offspring within the immediate vicinity of the dog from an unjustified attack or
assault;
b. The size and strength of the dog, including jaw strength, and the animal’s
propensity to bite humans or other domestic animals; and
c. Whether the dog has wounds, scarring, is observed in a fight, or has other
indications that the dog has been or will be used, trained or encouraged to fight
with another animal or whose owner is in possession of any training apparatus,
paraphernalia or drugs used to prepare such dogs to fight with other animals.
2. Beginning six months after a dog is declared dangerous or potentially dangerous, an
owner may request annually that the city review the designation. The owner must
provide evidence that the dog’s behavior has changed due to the dog’s age, neutering,
environment, completion of obedience training or other factors. If enough evidence is
provided, the city may rescind the designation.
3. After a dog is declared dangerous or potentially dangerous, the provisions of 91.30 (D)-
(O) shall apply.
4. Quarantine. Any dog that has bitten a person or is believed to have bitten a person shall
immediately be impounded for at least 10 days and kept apart from other animals, under
the supervision of a veterinarian, until it is determined whether the animal had or has a
disease which might have been transmitted by the bite. The impounding may be done
by the owner, under the supervision of a veterinarian, and need not be at a shelter
designated by the city, but if it is not at the City designated shelter, the owner shall
notify the City Animal Control Officer or the Police Department immediately and shall
furnish proof in writing where the dog is being impounded. After 10 days, if it is
determined the dog does not have a disease which might have been transmitted by the
bite, it may be released upon approval of the Animal Control Officer or Police
Department.
a. Any dog which is not quarantined as required by this subdivision, is subject to
immediate seizure by the City.
b. Any dog which has been bitten or otherwise exposed by a rabid animal shall be
humanely euthanized or quarantined for 6 months. A dog may be released from
quarantine after 40 days if:
1. The dog had been vaccinated for rabies at least 21 days and no longer
than 1 year, before the bite;
2. The dog has been re-vaccinated for rabies immediately after the bite.
The 40-day period begins on the date of the re-vaccination;
X-C-01
4
3. The required written report is sent to the Minnesota Board of Animal
Health; and
4. The owner of the dog notifies the city’s animal control officer or
Hastings Police Department before the dog is released from quarantine.
c. The dog’s owner is responsible for all costs incurred in confining, impounding,
and disposing of any dog quarantined under this section.
5. Exceptions:
a. The provisions of this section do not apply to dogs used by law enforcement;
and
b. Dogs may not be declared dangerous or potentially dangerous if the threat,
injury or danger was sustained by a person who was:
i. Committing a willful trespass or other tort upon the premises
occupied by the owner of the dog;
ii. Provoking, tormenting, abusing or assaulting the dog, or who can be
shown to have a history of repeatedly provoking, tormenting,
abusing or assaulting the dog; or
iii. Committing or attempting to commit a crime.
D. License required. The owner must obtain an annual license for the dog as a dangerous dog
or potentially dangerous dog. Newly declared dangerous or potentially dangerous dogs
must be licensed within 14 days after notice that a dog has been declared dangerous or
potentially dangerous. Regardless of any appeal that may be requested, the owner must
comply with the requirements of Minn. Stat. § 347.52(a) and (c), as they may be amended
from time to time, regarding proper enclosures and notification to the city upon transfer or
death of the dog, until and unless a hearing officer or court of law reverses the declaration.
No other dog license (i.e. life-time) shall be issued for a dangerous dog or potentially
dangerous dog.
1. Dangerous Dog Licenses Requirements. The city will issue a dangerous dog license to
the owner of a dangerous dog if the owner presents sufficient evidence that:
a. There is a proper enclosure;
b. Written proof that there is a surety bond by a surety company authorized to
conduct business in the state in the sum of at least $300,000, payable to any
person injured by a dangerous dog, or receipt of a copy of a policy of liability
insurance issued by an insurance company authorized to do business in the state
in the amount of at least $300,000, insuring the owner for any personal injuries
inflicted by the dangerous dog. The surety bond or insurance policy shall provide
that no cancellation of the bond or policy will be made unless the city is notified
in writing by the surety company or the insurance company at least ten days prior
to the cancellation;
c. The owner has paid the annual license fee for a dangerous dog;
X-C-01
5
d. The owner has had a microchip identification implanted in the dangerous dog.
The name of the microchip manufacturer and identification number of the
microchip must be provided to the city. If the microchip is not implanted by the
owner, it may be implanted by the city at the owner’s expense; and
e. The owner provides proof that the dog has been sterilized. If the owner does not
sterilize the dog within 30 days, the city may seize the dog and sterilize it at the
owner’s expense.
2. Potentially Dangerous Dog License Requirements. The city will issue a potentially
dangerous dog license to the owner of a potentially dangerous dog if the owner presents
sufficient evidence that:
a. There is a proper enclosure;
b. The owner has paid the annual license fee for a potentially dangerous dog; and
c. The owner has had a microchip identification implanted in the potentially
dangerous dog. The name of the microchip manufacturer and identification
number of the microchip must be provided to the city. If the microchip is not
implanted by the owner, it may be implanted by the city at the owner’s expense.
3. Pre-License Inspections for Dangerous and Potentially Dangerous Dog License. A pre-
license inspection of the premises to ensure compliance with the city code is required
for dangerous dogs and potentially dangerous dogs. If the city issues a license to the
owner of a dangerous or potentially dangerous dog, the city shall be allowed at any
reasonable time to inspect the dog, the proper enclosure and all places where the animal
is kept.
4. Post-License Requirements for Dangerous Dogs.
a. Warning symbol. The owner of a dangerous dog licensed under this section must
post a sign with the uniform dangerous dog warning symbol on the property in
order to inform children that there is a dangerous dog on the property. The sign
will be provided by the city upon issuance of the license.
b. Tags. A dangerous dog licensed under this section must wear a standardized,
easily identifiable tag at all times that contains the uniform dangerous dog
symbol, identifying the dog as dangerous. The tag shall be provided by the city
upon issuance of the license.
E. Properly restrained in proper enclosure or outside of proper enclosure for dangerous dogs
and potentially dangerous dogs. While on the owner’s property, an owner of a dangerous
or potentially dangerous dog must keep it in a proper enclosure. Inside a residential home,
there must be a secured area maintained where the dog will stay when persons other than
family members are present. If the dog is outside the proper enclosure, the dog must be
muzzled and restrained by a substantial chain or leash no longer than four feet and under
the physical restraint of an adult. The muzzle must be made in a manner that will prevent
X-C-01
6
the dog from biting any person or animal but that will not cause injury to the dog or interfere
with its vision or respiration.
F. Notification requirements to city.
1. Relocation or death. The owner of a dog that has been declared dangerous or potentially
dangerous must notify the City Clerk or Police Department in writing if the dog is to
be relocated from its current address or if the dog has died. The notification must be
given in writing within 30 days of the relocation or death. The notification must include
the current owner’s name and address, and the new owner’s name and the relocation
address. If the relocation address is outside of the city, the city may notify the local law
enforcement agency of the transfer of the dog into its jurisdiction.
2. Renter’s obligations. A person who owns or possesses a dangerous or potentially
dangerous dog and who will rent property from another where the dog will reside must
disclose to the property owner prior to entering the lease agreement and at the time of
any lease renewal periods that the person owns or possesses a dangerous or potentially
dangerous dog that will reside at the property. A dog owner, who is currently renting
property, must notify the property owner within 14 days of city notification if the
owned dog is newly declared as dangerous or potentially dangerous and the owner
keeps the dog on the property.
3. Transfer of ownership into the city. No dog that has been previously determined to be
dangerous or potentially dangerous by another jurisdiction shall be kept, owned or
harbored in the city, unless the dog’s owner complies with the requirements of this
section prior to bringing the dog into the city. Dogs in violation of this section are
subject to impoundment and destruction.
G. Seizure. The city may immediately seize any dangerous or potentially dangerous dog if:
1. After 14 days after the owner has notice that the dog is declared dangerous or
potentially dangerous, the dog is not validly licensed and no appeal has been filed;
2. After 14 days after the owner has notice that the dog is dangerous, the owner does not
secure the proper liability insurance or surety coverage as required or such required
insurance is cancelled;
3. The dog is not maintained in a proper enclosure;
4. The dog is outside the proper enclosure and not under proper restraint, as required by
subdivision (E) above;
5. After 30 days after the owner has notice that the dog is dangerous, the dog is not
sterilized, as required by subdivision (D)(1)(e) above; and
6. The dog’s microchip has been removed.
H. Reclamation. A dog seized under subdivision (G) above may be reclaimed by the owner of
the dog upon payment of maintenance costs, and presenting proof to the city that the
requirements of this section have been met. A dog not reclaimed under this subdivision (H)
within seven days may be disposed of and the owner will be liable to the city for
maintenance costs. A person claiming an interest in a seized dog may prevent disposition
of the dog by posting a security in an amount sufficient to provide for the dog’s
X-C-01
7
maintenance costs. The security must be posted with the city within seven days of the
seizure inclusive of the date seized.
I. Subsequent offenses: seizure. If a person has been convicted of violating a provision of this
section, and the person is charged with a subsequent violation relating to the same dog, the
dog may be seized. If the owner is convicted of the crime for which the dog was seized,
the court may order that the dog be destroyed in a proper and humane manner and the
owner pay the maintenance costs. If the owner is not convicted and the dog is not reclaimed
by the owner within seven days after the owner has been notified that the dog may be
reclaimed, the dog may be disposed of, used for research or destroyed.
J. Notice; hearings.
1. Notice. After a dog has been declared dangerous or potentially dangerous or has been
seized for destruction, the city shall give notice by delivering or mailing it to the owner
of the dog, or by posting a copy of it at the place where the dog is kept, or by delivering
it to a person residing on the property, and telephoning, if possible. The notice shall
include:
a. A description of the seized dog; the authority for and purpose of the declaration
and seizure; the time, place and circumstances under which the dog was
declared; and the telephone number and contact person where the dog is kept;
b. A statement that the owner of the dog may request a hearing concerning the
declaration and that failure to do so within 14 days of the date of the notice will
terminate the owner’s right to a hearing;
c. A statement that if an appeal request is made within 14 days of the notice, the
owner must immediately comply with the requirements of Minn. Stat. §
347.52(a) and (c), as they may be amended from time to time, regarding proper
enclosures and notification to the city upon transfer or death of the dog, until
such time as the hearing officer issues an opinion;
d. A statement that if the hearing officer affirms the dangerous dog declaration,
the owner will have 14 days from receipt of that decision to comply with all
other requirements of Minn. Stat. §§ 347.51, 347.515 and 347.52, as they may
be amended from time to time;
e. A form to request a hearing; and
f. A statement that if the dog has been seized, all maintenance costs of the care,
keeping and disposition of the dog pending the outcome of the hearing are the
responsibility of the owner, unless a court or hearing officer finds that the
seizure or impoundment was not reasonably justified by law.
2. Right to hearing.
a. After a dog has been declared dangerous, potentially dangerous or has been
seized for destruction, the owner may appeal in writing to the city within 14
days after notice of the declaration or seizure. Failure to do so within 14 days
X-C-01
8
of the date of the notice will terminate the owner’s right to a hearing. The owner
must pay a $200 non-refundable filing fee for an appeal hearing.
b. The appeal hearing will be held before a hearing officer, pursuant to the process
outlined in City Code §10.25 C.1-C.2 for Administrative Citations.
K. Destruction of certain dogs. The Police Chief and/or hearing officer are authorized to order
the destruction or other disposition of any dog, after proper notice is given pursuant to
subdivision J.1. above and upon a finding that:
1. The dog has habitually destroyed property or habitually trespassed in a damaging
manner on property of persons other than the owner;
2. The dog has been declared dangerous, the owner’s right to appeal hereunder has been
exhausted or expired and the owner has failed to comply with the provisions of this
section;
3. It is determined that the dog is infected with rabies;
4. The dog inflicted substantial or great bodily harm on a human on public or private
property without provocation;
5. The dog inflicted multiple bites on a human on public or private property without
provocation;
6. The dog bit multiple human victims on public or private property in the same attack
without provocation;
7. The dog bit a human on public or private property without provocation in an attack
where more than one dog participated in the attack; or
8. The dog poses a danger to the public’s health, safety or welfare. In determining whether
the dog poses a danger to the public’s health, safety or welfare, the following factors
may be considered:
a. The dog weighs more than 20 pounds;
b. The strength of the dog, including jaw strength;
c. The dog’s tolerance for pain;
d. The dog’s tendency to refuse to terminate an attack;
e. The dog’s propensity to bite humans or other domestic animals;
f. The dog’s potential for unpredictable behavior;
g. The dog’s aggressiveness; and
h. The likelihood that a bite by the dog will result in serious injury.
L. Concealing of dogs. No person may harbor, hide or conceal a dog that the city has the
authority to seize or that has been ordered into custody for destruction or other proper
disposition.
M. Dog ownership prohibited.
1. Except as provided below, a person shall not own a dog if the person has been:
X-C-01
9
a. Convicted of a third or subsequent violation of subdivisions (D), (E) or (F) above
or similar ordinance in another jurisdiction, or Minn. Stat. §§ 347.51, 347.515 or
347.52, as they may be amended from time to time;
b. Convicted of second degree manslaughter due to negligent or intentional use of a
dog under Minn. Stat. § 609.205(4), as it may be amended from time to time; or
c. Convicted of gross misdemeanor harm caused by a dog under Minn. Stat. §
609.226(1), as it may be amended from time to time.
2. Any person who owns a dangerous or potentially dangerous dog and is found to be in
violation of any of the provisions of this section or had owned a dangerous or
potentially dangerous dog but never achieved compliance with this section may be
prohibited from ownership or custody of another dog for a period of five years after the
original declaration. Any dog found to be in violation, may be impounded until due
process is completed, pursuant to subdivision (J) above.
3. If any member of a household is prohibited from owning a dog in subdivisions (M)(1)
or (M)(2) above, unless specifically approved with or without restrictions by the city,
no person in the household is permitted to own a dog.
N. Dog ownership prohibition review.
1. Beginning three years after a conviction under subdivision (M)(1) above that prohibits
a person from owning a dog, and annually thereafter, the person may request in writing
to the Police Chief that the city review the prohibition.
2. The city may consider such facts as the seriousness of the violation or violations that
led to the prohibition, any criminal convictions, or other facts that the city deems
appropriate. The city may rescind the prohibition entirely or rescind it with limitations.
The city also may establish conditions a person must meet before the prohibition is
rescinded, including, but not limited to, successfully completing dog training or dog
handling courses.
3. If the city rescinds a person’s prohibition and the person subsequently fails to comply
with any limitations imposed by the city or the person is convicted of any animal
violation involving unprovoked bites or dog attacks, the city may permanently prohibit
the person from owning a dog in this state.
O. Penalties.
1. Unless stated otherwise, any person who violates a provision of this section is guilty of
a misdemeanor.
2. Any person who is convicted of a second or subsequent violation of any provision of
subdivisions (D), (E) or (F) above is guilty of a gross misdemeanor.
3. Any person who violates subdivision (M) above, whether an owner or household
member, is guilty of a gross misdemeanor.
SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
X-C-01
10
entire ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance.
The text amendment adopted by the Hastings City Council on
, 2022 modifies the City Ordinance to
SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication according to law.
Passed this day of , 2022.
Mary Fasbender, Mayor
Attest:
Kelly Murtaugh, City Clerk
Published in the _________ on [Date].
X-C-01
ORDINANCE NO. XXX
AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, REPEALING
SECTIONS REGARDING CRIMINAL PENALTIES, VIOLATIONS AND CITATIONS
FOR VARIOUS CITY CODE SECTIONS
The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain
as follows:
SECTION 1. REPEAL. The Code of the City of Hastings, County of Dakota, State of
Minnesota, Section 91.02. A. 2h. Violation and Penalty for Keeping of Goats shall be repealed.
SECTION 2. REPEAL. The Code of the City of Hastings, County of Dakota, State of
Minnesota, Section 93.98 Violations regarding Fire Alarm Systems and Installation shall be
repealed.
SECTION 3. REPEAL. The Code of the City of Hastings, County of Dakota, State of
Minnesota, Section 94.98 Violations regarding Parks and Recreation shall be repealed.
SECTION 4. REPEAL. The Code of the City of Hastings, County of Dakota, State of
Minnesota, Section 111.98 Violations regarding Liquor Licenses shall be repealed.
SECTION 5. REPEAL. The Code of the City of Hastings, County of Dakota, State of
Minnesota, Section 114.99 Penalty regarding Adult Use Licenses shall be repealed.
SECTION 6. REPEAL. The Code of the City of Hastings, County of Dakota, State of
Minnesota, Section 151.98 Violations regarding Flood Plain Regulations shall be repealed.
SECTION 7. REPEAL. The Code of the City of Hastings, County of Dakota, State of
Minnesota, Section 152.09. G. 3. Appeal of Notice of Violation regarding Illicit Discharges and
Connections shall be repealed.
SECTION 8. REPEAL. The Code of the City of Hastings, County of Dakota, State of
Minnesota, Section 152.98 Violations regarding Stormwater Management shall be repealed.
SECTION 9. REPEAL. The Code of the City of Hastings, County of Dakota, State of
Minnesota, Section 153.98 Violations regarding Shoreland Management shall be repealed.
SECTION 10. REPEAL. The Code of the City of Hastings, County of Dakota, State of
Minnesota, Section 154.98 Violations regarding Zoning Regulations shall be repealed.
SECTION 11. REPEAL. The Code of the City of Hastings, County of Dakota, State of
Minnesota, Section 157.14 Appeals; Right of Appeal regarding Structure Maintenance Code for
Rental Residential Properties shall be repealed.
X-C-01
SECTION 12. REPEAL. The Code of the City of Hastings, County of Dakota, State of
Minnesota, Section 157.99. C. Penalty – Violation a Misdemeanor regarding Structure
Maintenance Code for Rental Residential Properties shall be repealed.
SECTION 13. REPEAL. The Code of the City of Hastings, County of Dakota, State of
Minnesota, Section 158.99 Penalty regarding Property Maintenance shall be repealed.
SECTION 14. REPEAL. The Code of the City of Hastings, County of Dakota, State of
Minnesota, Section 130.13 Issuance of Citations regarding Public Protection, Crimes and Offenses
shall be repealed.
SECTION 15. REPEAL. The Code of the City of Hastings, County of Dakota, State of
Minnesota, Section 130.98 Violations regarding Public Protection, Crimes and Offenses shall be
repealed.
SECTION 16. AMENDMENT . The Code of the City of Hastings, County of Dakota,
State of Minnesota, Section 91.05 Restraint and Confinement regarding Animals shall be amended
as follows:
91.05 Restraint and Confinement.
It shall be unlawful for the dog or cat of any person who owns, harbors, or keeps a dog or cat, to
run at large. A person, who owns, harbors, or keeps a dog or cat which runs at large shall be guilty
of a misdemeanor subject to enforcement pursuant to City Code §10.99. Dogs or cats on a leash
and accompanied by a responsible person or accompanied by and under the control and direction
of a responsible person, so as to be effectively restrained by command as by leash, shall be
permitted in streets or on public land unless the city has posted an area with signs reading “Dogs
or Cats Prohibited.”
SECTION 17. AMENDMENT . The Code of the City of Hastings, County of Dakota,
State of Minnesota, Section 113.09 Citations and Fines shall be repealed and replaced as follows:
113.09 Citations And Penalties. Violations of this Chapter shall be deemed to be a public
nuisance subject to an administrative citation pursuant to City Code Section 10.25 or any other
enforcement action pursuant to City Code Section 10.99, or suspension or revocation of the license.
SECTION 18. SUMMARY PUBLICATION Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance.
The text amendment adopted by the Hastings City Council on
, 2022 modifies the City Ordinance to
SECTION 19. EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication according to law.
X-C-01
Passed this day of , 2022.
Mary Fasbender, Mayor
Attest:
Kelly Murtaugh, City Clerk
Published in the _________ on [Date].
X-C-01