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2019.08.20 Planning Commission
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2019.08.20 Planning Commission
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Ordinance 867 Review: Updating Language on Zoning Enforcement & Other Enforcement Activities <br />Planning Commission Report; 8-20-19 <br /> <br /> <br />Page 3 <br />Section 4 <br />(lines 128 – 189): <br /> Section 4 of the ordinance is specifically meant to create a clear civil process for <br />the removal of junked/abandoned vehicles providing a better route for enforcement <br />as opposed to relying on the general nuisance provisions. Furthermore, because <br />vehicles can be a very expensive asset, this specialized procedure will ensure the <br />City is proceeding appropriately when impounding such property. <br /> Lines 131 through 138 are existing language that is not changing. <br /> Lines 139 through 152 provides clarity on when a property owner can obtain a <br />special use permit to store an inoperable vehicle. Currently code just says storing <br />an inoperable vehicle is specially permitted, but doesn’t provide any guidance on <br />how such requests should be evaluated. These proposed changes would make it <br />clear as to what circumstances would need to exist in order to get approval for this <br />type of SUP. <br /> Lines 153 through 156 are existing language that is not changing. <br /> Lines 157 through 163 would eliminate existing provisions on junked vehicles <br />being a nuisance and how complaints will be handled in favor of lines 164 through <br />189 which outline the impoundment, notice, and appeal process the City would like <br />to use. <br /> Lines 164 through 166 would explicitly give the City the power to impound <br />junked/abandoned vehicles. <br /> Lines 168 through 189 then outline the notice to be given to the property owner <br />prior to impounding a vehicle, and the appeal process an owner has if they wish to <br />challenge the enforcement action. <br /> <br />Section 5 <br />(lines 190 – 191): <br /> This section would eliminate Article 4, Weeds, in its entirety. <br /> The City Attorney believes the current language requires the City to undertake a <br />series of complex procedures that can be completely avoided if we just follow the <br />standard processes for enforcing nuisance provisions. Staff concurs with this <br />recommendation. <br /> <br />Section 6 <br />(lines 192 – 293): <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> This section responds to the City Council’s desire to see some form of swimming <br />pool regulations return to the City of New Brighton code. Currently the City has <br />no regulations (other than generally applicable structural setbacks) on swimming <br />pool construction. <br /> As written, staff has provided two potential options for Commission and Council <br />consideration. Option 1 (lines 194 to 266) provide a comprehensive set of <br />standards covering how pools can be drained, and minimum standards for above <br />and below ground pools. Option 2 (lines 267 to 293) are a slimmer set of standards <br />only addressing items in the International Property Maintenance Code. Staff
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