ORDINANCE NO. 188, 2ND SERIES

ORDINANCE NO. 188, 2ND SERIES

 AN ORDINANCE OF THE CITY OF WINDOM, MINNESOTA, AMENDING CERTAIN EXISTING CITY CODE SECTIONS AND ADDING NEW SECTIONS 

 THE CITY COUNCIL OF THE CITY OF WINDOM, MINNESOTA, DOES ORDAIN:
TO AMEND SUBSECTION 90.07(D)(1) BY ADDING NEW LANGUAGE AS FOLLOWS:

  • 90.07  ABATEMENT PROCEDURE.

(D)  Recovery of costs.

      (1)  Personal liability.  The owner of the real estate where a nuisance has been abated by the City shall be personally liable for all costs the City incurred to abate the nuisance including, but not limited to, costs (labor and equipment) for removal of items by City Departments and contractors, landfill costs, impounding fees, sheriff’s service fees, court costs, attorneys’ fees, and City’s administrative fees.  As soon as the work has been completed and the costs determined, the City shall prepare an invoice for the costs and mail it to the owner.  Thereupon the amount shall immediately be due and payable at the Office of the City Clerk.

TO AMEND SUBSECTION 152.002(B) BY ADDING NEW DEFINITIONS AS FOLLOWS:

IMPOUND LOT.  A place where inoperable vehicles are stored temporarily pending their disposition.  (See § 152.477.)

VEHICLE WRECKING.  Any place where two or more vehicles not in running condition and/or not licensed are stored in the open and are not being restored to operation or any land, building or structure used for wrecking/towing or storing of the motor vehicles.   

TO AMEND SUBSECTION 152.002(B) BY REVISING TWO EXISTING DEFINITIONS AND REPLACING THOSE DEFINITIONS WITH THE FOLLOWING:

JUNK YARD/SALVAGE YARD.  Land or buildings where waste, discarded or salvaged materials    (including vehicles) are bought, sold, exchanged, stored, salvaged, scavenged, scrapped, disassembled, cleaned, packed, or handled.  Products include, but are not limited to, scrap metal, rags, paper, hides, rubber products, glass products, lumber products and/or products resulting from the salvaging or scrapping of vehicles. (See also Chapter 113.)

TO ADD A NEW SECTION 152.477 TO THE CITY CODE AS FOLLOWS:

  • 152.477 STORAGE OF INOPERABLE VEHICLES (VEHICLE WRECKING).

A storage location for inoperable vehicles (“impound lot”) shall be allowed as a conditional use only in the I-1 or I-2 Zoning Districts and shall be subject to the following:

        (A)  Use of the impound lot shall be limited to a business providing vehicle wrecker services and towing of vehicles.

        (B)  Storage of inoperable vehicles shall be permitted only as temporary storage for the time period required to conclude any insurance or legal proceedings or disposal arrangements in connection with each specific vehicle.

        (C)  No scrapping, dismantling, or salvage of vehicles or vehicle parts shall be allowed.

        (D)  The business owner and/or property owner shall be responsible for (1) compliance with any requirements of the Minnesota Pollution Control Agency and, if applicable, Minnesota Department of Natural Resources concerning vehicle fluids and hazardous substances; and (2) shall verify the proximity of the proposed impound lot in relation to the City’s drinking water sources management area.

        (E)  The storage area shall be kept in a neat and orderly condition. 

        (F)  The storage area shall be enclosed by a fence. The location, type, and height of fencing and/or screening shall be set forth in the conditional use permit granted by the City Council for the specific property.

(G)  The City Council may add additional conditions to the conditional use permit as deemed advisable, such as a limitation on hours of operation, depending on the location of the conditional use.

TO AMEND SUBSECTION 152.172(A) BY REVISING AN EXISTING SUBSECTION AS FOLLOWS:

(A) Vehicle wrecking or junk yard/salvage yard (See also Chapter 113); 

TO AMEND SECTION 152.152 BY ADDING A NEW (C), RE-LETTERING THE EXISTING (C) AS (D), AND REVISING (D) AS FOLLOWS:

       (C)  Impound lot for storage of inoperable vehicles (vehicle wrecking) per § 152.477; and

       (D)  All other uses not listed in § 152.151.   Other uses similar in nature to those uses listed in this section and which in the opinion of the City Planning Commission will not be detrimental to the integrity of the district.

TO AMEND SECTION 152.172 BY ADDING A NEW (H), RE-LETTERING THE EXISTING (H) TO (I) AS FOLLOWS:

      (H)  Impound lot for storage of inoperable vehicles (vehicle wrecking) per § 152.477; and

       (I)  Other uses similar in nature to those uses listed in this section and which in the opinion of the City Planning Commission will not be detrimental to the integrity of the district.

TO AMEND SECTION 152.325 BY REVISING SUBSECTIONS (A) AND (G) AS FOLLOWS

  • Each residential lot on which a principal dwelling has been constructed shall be allowed an accessory building(s) pursuant to the provisions set forth herein. All accessory buildings shall require a permit from the City. 

      (G)  No accessory building or structure, other than a fence or temporary construction, may be
constructed prior to the time of construction of the principal building or structure on the lot except if the provisions set forth in Section 152.329 are applicable.

TO AMEND SECTION 150.55 LICENSING (Rental Housing Code) BY REVISING SUBSECTION (D), ADDING A NEW SUBSECTION (E), RE-LETTERING AND REVISING EXISTING SUBSECTION (E) AS SUBSECTION (F), ADDING A NEW SUBSECTION (G), AND RE-LETTERING EXISTING SUBSECTION (F) Complaints as SUBSECTION (H) AS FOLLOWS:

(D) The license will be valid for a three-year period except as provided in Subsections (F) and (G) of this Section.  An application for renewal of the license must be submitted between January 1st and March 31st of the renewal year.

(E)  For purposes of licensing and inspection of rental housing properties, three Zones have been established in the City of Windom.  Zone One includes properties lying south of Ninth Street extended westerly to the west boundary of the Windom City Limits.  The north/south dividing line between Zones 2 and 3 is Fourth Avenue beginning at Ninth Street and continuing northward, joining Sixth Avenue north of 20th Street, and continuing to Highway 71 North.  Zone Two includes properties lying north of Ninth Street and east of the north/south dividing line.  Zone Three includes properties lying north of Ninth Street (as extended westerly) and west of the north/south dividing line.

(F)  After adoption of the rental housing ordinance by the City Council, all properties converted to or constructed as new rental units must be inspected and licensed prior to being occupied.   Renewal dates will be assigned that correspond to the Zone in which the property is located.  The license fee for the initial license term shall be prorated pursuant to the fee schedule adopted by the City Council.  If the application for a rental housing license is received within the second year of the license term for that Zone, the license fee shall be two-thirds of the fee for a three-year license term. If the application for a rental housing license is received within the third year of the license term, the license fee shall be one-third of the fee for a three-year license term. 

(G)  If a rental property is sold, the new owner shall submit a Rental Housing License Application to the City’s Building & Zoning Office within thirty (30) days of the closing on the property.  The existing rental housing license will be assigned from the previous owner to the new owner for the remainder of the license term.   No inspection or fees will be required to assign/transfer a rental license.

(H)  Complaints…

TO AMEND SECTION 150.56 INSPECTIONS (Rental Housing Code) BY REVISING SUBSECTION (D), ADDING A NEW SUBSECTION (E), RE-LETTERING EXISTING SUBSECTION (E) “Complaints”AS SUBSECTION (F), AND RE-LETTERING EXISTING SUBSECTIONS (F), (G), AND (H) AS SUBSECTIONS (G), (H), AND (I) RESPECTIVELY AS FOLLOWS:

      (D)  In the event that a rental property is sold and the existing rental license is assigned to the new owner [Section 150.55(G)], the property will not be subject to a rental inspection for the remainder of the license term unless a complaint is received.

(E)  In the event of a pandemic (such as occurred in 2020) or natural or manmade disasters occurring in Windom including, but not limited to, tornado, flooding, fire, etc., which prevent or delay timely inspections of the rental properties in the Zone requiring licensing/relicensing that year, the licensing/relicensing deadline for that Zone may be extended and the deadline for relicensing properties in the other two Zones may be extended at the option of the City Council.

TO AMEND SECTION 150.56 BY ADDING A NEW SUBSECTION (I)(3) to the re-lettered Subsection (I) AND RE-LETTERING EXISTING SUBSECTION (I)(3) AS (I)(4) AS FOLLOWS:

  • The sale of a licensed rental property may be exempt from another rental inspection during that license term pursuant to Section 150.56(D).
  • A property owner may be entitled to an exemption ….

    TO AMEND SUBSECTION 150.58(H) BY REVISING THE REFERENCE TO THE SECTION IDENTIFIED AS § 105.55(F) TO READ § 150.55(H) AS FOLLOWS:

(H)  If the property owner fails to pay the license or renewal fees, re-inspection fees, the fines specified at § 150.55(H), the fines specified at § 150.58(E), ….

ALL OTHER PROVISIONS OF THESE SECTIONS SHALL REMAIN IN FULL FORCE AND EFFECT. 

EFFECTIVE DATE OF ORDINANCE.  This ordinance becomes effective from and after its passage and publication.

Adopted by the City Council of the City of Windom, Minnesota, this 16th day of February, 2021.

                                                                                                                                                                                                                                                ________________________________

                                                                                                                                                                                                                                                   Dominic Jones, Mayor

 

Attest:_____________________________

            Steve Nasby, City Administrator

1st Reading:      February 2, 2021

2nd Reading:    February 16, 2021

Adoption:        February 16, 2021

Published:        February 24, 2021