Amended:  11-8-00 Ord. No. 205

1001A.07. Dock License Term. Each Dock License shall be for the period from April 1 to November 1. License fees shall not be prorated. All license applications shall be accompanied by the required fee as indicated hereinafter.

1001A.08. Dock Licenses -- Allowed Number. The Licensed Docks, Boat Slips or Boat Lifts allowed at the City Beach are as follows:

Subd. 1. Commercial Docks. There shall be no more than one Commercial Dock License in effect at any one time.

Subd. 2. Semi-Commercial Docks. Such a license shall be issued only to a Lodging Establishment Property Owner. A Lodging Establishment=s Property may be licensed for only one dock. One Dock and one Boat Lift is permitted with a Semi-Commercial Dock License.

Subd. 3. Private Docks. Such a license shall be issued to other than the holder of a Commercial Dock License. One dock and one Boat Lift is permitted for each Private Dock License.

1001A.09. Dock License Transfers.

Subd. 1. Semi-Commercial and Private Dock Licenses shall not be transferred.

Subd. 2. Commercial Dock Licenses are transferable upon sale of the business operated as the Commercial Dock. The license holder or transferee shall submit a request for license transfer to the City Administrator which shall include the full name, address and telephone number of the transferee and the reason for the transfer request.

1001A.10. Dock License Revocation

Subd. 1. Violation Notice. If any Licensed Dock is not used, constructed, located, operated, kept, repaired or maintained in accordance with this chapter, or with the application for a license issued under this chapter, the City Administrator shall forthwith notify the licensee thereof in writing delivered to the addressee or mailed by first class mail to the licensee's last address. The notice shall specify the nature of the violation and instruct the licensee to correct the violation within ten days of the date of delivery or mailing. If the licensee does not correct the violation within that ten days, the City Administrator shall revoke the license unless, within that ten days, the City Administrator receives from the licensee a written request for hearing signed by the licensee.

Subd. 2. Hearing. Any hearing requested by the licensee shall be conducted in accordance with City Code ' 101.05. If, after such hearing, the City Council determines that the license holder is in violation of this chapter, then the Council may revoke the license or take such other action as it determines appropriate. If the license is revoked, the City Administrator shall provide the licensee a written notice of revocation.

1001A.11. Dock, Boat or Slip Location.

The City Council shall approve the location of each Licensed Dock, and each Boat Lift or Slip. Such structures shall be constructed and maintained midway between the intersections of the opposite side lines of the real property of the license holder, as extended to the shore of Detroit Lake. Variations of location may be permitted by the City Council when it determines that it is impracticable to locate a structure as provided above, and where it also determines that such proposed structure will not interfere unreasonably with the use or enjoyment of said waters of Detroit Lake by the public or other adjoining lot owners.

1001A.12. Construction and Repair.

Subd. 1. Materials. All Docks, Boat Lift and Boat Slips shall be constructed of such materials and of such type of construction as will not render the same unsafe or apt to endanger the public enjoyment of the City Beach or Beach Waters. The same shall be constructed so as not to be unsightly or offensive to the public use and enjoyment of such waters and shall be in accordance with any and all provisions of the building code of the City.

Subd. 2. Length and Shape.

Subd. 3. Maximum Length. Regardless of the length allowed for Licensed Docks, no Licensed Dock, Boat Lift or Boat Slip, other than a Commercial Dock and its Boat Lifts and Slips, shall extend further into the waters of Detroit Lake than is reasonably necessary to accommodate the docking of craft customarily used upon the waters of Detroit Lake nor beyond the point of navigation as such point has been or shall be established by lawful authority.

1001A.13. Boat Lifts and Boat Slips Regulated.

Subd. 1. City Beach. No Boat Lift or Boat Slip may be placed on the City Beach. No structure, equipment, apparatus, trailer, or other transportation devise or aid may be placed on the City Beach except that Licensed Docks may be placed on the City Beach only to the extent necessary to access the Dock without walking through water.

Subd. 2. Beach Waters. No structure, equipment, apparatus, trailer, or other transportation devise or aid shall be placed in Beach Waters, except as specifically allowed by this chapter.

Subd. 3. Boat Lift with Dock License. The holder of a Dock License may install or place a Boat Lift in Beach Waters at a location immediately adjacent to the Licensed Dock during the term of the license. The number of Boat Lifts that may be installed or placed by a license holder is limited as provided by this chapter.

1001A.14. General Regulations.

Subd. 1. Inspection. The City Administrator, the City Administrator's designee, and any City law police officer may at any reasonable time inspect any structure or watercraft located on the City Beach or in Beach Waters.

Subd. 2. Boat Storage. All boats must be kept or stored so as to not create a fire hazard.

Subd. 3. Gasoline. Any gasoline offered for sale, placed or kept on Licensed Dock premises shall be placed in such tanks or containers as required by the City. Such tanks or containers shall be stored underground or such distance from the stored boats and persons as will not create a fire or explosive hazard.

Subd. 4. Buoys. No buoy or mooring shall be placed or installed in Beach Waters except by the City, Becker County, or the State of Minnesota and shall not be moved without written consent of the entity that placed or installed it.

Subd. 5. Dock Upkeep. Licensed Docks shall at all times be maintained in a neat and orderly manner. No watercraft shall be stored on Dock surfaces. Dock surfaces shall be kept free and clear of any hazards or obstructions.

Subd. 6. Boat Occupancy. No watercraft or other floating structure moored, anchored, tied up or connected to any Licensed Dock or in Beach Waters may be used as a permanent, temporary, overnight, or seasonal residence.

Subd. 7. Unattended Watercraft. Rental Watercraft shall not be left unattended on the shore of the City Beach for the purpose of offering the watercraft for rent.

Subd. 8. Restricted Areas. Watercraft may not enter areas marked as swimming areas. Watercraft must keep a reasonable and safe distance from persons swimming or playing in Beach Waters and shall yield the right of way to such persons.

Subd. 9. No watercraft, aircraft, or other motorized or non-motorized vehicle may be parked or moored at or upon the City Beach or in or upon Beach Waters for more than 24 hours consecutively except as allowed by City Code at a duly licensed Dock. (Added: 10/10/06 Ord. No. 299)

1001A.15. No Commercial Use. Except as specifically permitted by this chapter, there shall be no direct or indirect commercial or business, endeavor, enterprise, operation, project, venture, activity or use of any kind or nature carried out, undertaken or conducted in, on, or at the City Beach or Beach Waters by any person or entity, including without limitation any non-profit entity.

Subd. 1. Water Carnival Exception. The City Council may issue written permits for commercial use of the City Beach in connection with the Detroit Lakes Water Carnival.

Subd. 2. Non-profit Event Exception. The City Council may issue written permits for commercial use of the City Beach in connection with an event held by a non-profit organization.

Subd. 3. Commercial use under an exception provided above shall be only as specified in a written permit issued by the City, subject to reasonable terms and conditions as required in the discretion of the City Council.

1001A.16. Discharges.

Subd. 1. Toilets. No person or entity shall discharge, or allow any other person on a vessel under his control or command to discharge, any human or animal excreta from any head, toilet or similar facility into the waters of Detroit Lake.

Subd. 2. Refuse. No trash or refuse matter of any kind or description may be thrown, placed, discharged, deposited, or abandoned into or upon the waters of Detroit Lake, the City Beach, or Beach Waters, nor upon the shore of Detroit Lake or any other navigable water within the City.

Subd. 3. Oil. No oil, spirits, flammable liquid, rubbish, refuse matter or articles of any offensive character may be dumped or discharged into the waters of Detroit Lake, or upon any Dock on or in such lake or any street leading to such lake.

Subd. 4. Decaying Matter. No person shall throw, place or leave any dead animal or putrefying matter into or in the waters of Detroit Lake, or on or along the shore thereof or the shore of waters within the city.

1001A.17. Variances. An applicant may apply for a variance from the strict application of this Ordinance. The process for application, consideration, issuance or denial of such a variance shall be as provided for consideration of variance requests under the City Zoning Ordinance. The final decision on whether to grant the variance shall be made by the City Council. In addition to the considerations for variance set forth in the Zoning Ordinance, there must also be a determination that the variance as requested will not interfere with the public use or enjoyment of the City Beach, Beach Waters, streets and commons of the city.

1001A.18. Notices. All notices to licensees as provided by this chapter shall be in writing and are sufficient if delivered to the licensee or mailed to the last known address of the licensee as shown in the City license records.

1001A.19. Fees. A license fee in the amount set by City Code '210 shall be paid when a license application is submitted to the City Administrator. If the application is denied, the entire fee will be refunded.

1001A.20. Remedies. In addition to all other penalties and remedies provided by this code, the council may remove, or cause to be removed, any structure for which no license has been secured, or for which one has been revoked. Costs of removal shall be a current service under Section 305.01 and liability for costs may be assessed under 305.05 and 305.06.

1001A.21. Non-Conforming Structure or Use. The holder of any Dock License issued in 1997 may apply for and receive a Dock License of the same class for use as provided under and limited by the former Ordinance 1001, as a non-conforming structure or use. Such non-conforming use shall no longer be permitted after the occurance of any of the following: (1) the property for which the License is issued is conveyed to a new owner as shown by the records of Becker County; (2) a Semi-Commercial Dock License no longer meets the definition of a Lodging Establishment Property Owner; or (3) the expiration of five years from the effective date of this ordinance.

1001A.23. Ordinance Prevails. The provisions of this chapter shall be controlling and shall prevail in the event that this chapter conflicts with a license issued under this chapter, or with the content of any application for such license. Titles or headings used in this chapter are for convenience only and are not controlling when interpreting this chapter.

1001B. No Wake Zones

Subdivision 1. Detroit Lake is a great natural feature that needs to be protected and preserved for ourselves and future generations.

Subd. 2. The waters of Detroit Lake are used by large numbers of people for fishing, swimming, boating and general activities.

Subd. 3. The use of these waters by large numbers of people for a variety of activities can create public health and safety concerns.

Subd. 4. The waters of Detroit Lake are within the city limits and the City will exercise control of those waters for the limited purpose set forth in this Ordinance.

Subd. 5. Public health, safety, welfare, preservation, and enjoyment of Detroit Lake require that the waters be regulated at this time as provided by this ordinance.

Subd. 6. The City can best serve the public at this time by regulating certain areas on the waters of Detroit Lake as no wake zones.

Subdivision 1. Based upon the foregoing preamble, the City Council of the City of Detroit Lakes concludes that:

a. The City has a real and substantial interest in the preservation and promotion of public health, safety and welfare in the City.

b. At this time, it is in the best interest of the public health, safety and general welfare of the people of Detroit Lakes and boaters on Detroit Lake that this chapter of the City Code is enacted.

Subdivision 1. The following words and terms shall have the following meaning unless the context clearly indicates otherwise.

"Slow-No Wake" means operation of a watercraft at the slowest possible speed to maintain steerage and in no case, greater than five mph.

"Watercraft" means any contrivance used or designed for navigation on water.

1001B.04 Surface Zoning Of Detroit Lake By Restricting Speeds In Certain Areas

a. A slow-no wake zone is established 24 hours a day, year-round in the following locations:

1. City Beach Zone: The area of Detroit Lake that is within 150 feet of the water's edge of the lake from a southerly extension of the westerly property line of Edgewater Condominiums to a southeasterly extension of the westerly line of Legion Road;

2. Long Bridge Zone: The area of Deadshot Bay and Detroit Lake that is located between a line 150 feet westerly of Long Bridge and the narrows that separates the bay from Detroit Lake.

3. Pelican River Outlet Zone: An area 800 feet west of Township Road #21 and 300 feet on either side of the easterly extension of the river channel and extending westerly down the Pelican River channel to the City Limits.

The City requests that the Pelican River Watershed District place markers defining this area on behalf of the City.

4. The Designated Channel Between Big and Little Detroit Lake: An area approximately 50 feet on either side of the centerline of the designated channel between Big and Little Detroit Lake.

The City requests that the Pelican River Watershed District place markers defining this area on behalf of the City.

1001B.05 Watercraft Operations In No Wake Zones. No person shall operate a watercraft in a marked slow no wake zone at a speed in excess of 5 miles per hour or at a speed which results in more than a minimum wake.

1001B.06 Enforcement. It is the intent of the City of Detroit Lakes that the primary responsibility for enforcement of this Ordinance shall rest with the Becker County Sheriff’s Department. This, however, shall not preclude enforcement by other licensed peace officers.

1001B.07 Notification. The City shall post advisory information signs at each public watercraft access and shall place or provide for placement of marker buoys or signs identifying the control zones established by this ordinance or by resolution of the council.

1001B.08 Exemptions.

a. All authorized resource management, emergency, and enforcement personnel, while acting in the performance of their assigned duty are exempt form the foregoing restrictions.

b. Exhibitions or competitions authorized by the City Council of the City of Detroit Lakes are exempt from the foregoing restrictions.

c. Operations of a watercraft that is reasonably required to avoid injury to persons or property are exempt from the foregoing restrictions.

1001B.09 Penalties. A violation of this ordinance is a misdemeanor.

1002. Dwelling Maintenance Code (To Top of Page | Back to Ordinance Contents)

1002.01 Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter:

Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming unit," "premises," are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."

1002.02 Inspection of Dwellings, Dwelling Units, Rooming Units and Premises. The building inspector and/or health officer is hereby authorized and directed to make inspection to determine the condition of dwellings, dwelling units, rooming units, and premises located within the city, in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the building inspector and/or health officer is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units, and premises. The owner or occupant of every dwelling, dwelling unit and rooming unit, or the person in charge thereof, shall give the building inspector and/or health officer free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee access to any part of such dwelling, or dwelling unit, or its premises, at all reasonable times, for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.

1002.03 Enforcement.

Subdivision 1. Service of Notices and Orders. Whenever the building inspector and/or health officer determines that there are reasonable grounds to believe that there has been a violation of any provisions of this chapter or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall:

Subd. 2. Hearings. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, any request and shall be granted a hearing on the matter before the council. After such hearing, the council shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the council sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to 1002.03, Subdivision 1, shall automatically become an order if a written petition for a hearing is not filed in the office of the city administrator within ten days after such notice is served. After a hearing in the case of any notice suspending any permit required by this chapter or by any rule or regulation adopted pursuant thereto, when such notice has been sustained by the council, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the city administrator within ten days after such notice is served.

Subd. 3. Emergencies. Whenever the building inspector and/or health officer finds that an emergency exists which requires immediate action to protect the public health, he may, without notice of hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Not withstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the council, shall be afforded a hearing as soon as possible. After such hearing, depending upon its findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the council shall continue such order in effect, or modify it, or revoke it.

1002.04 Adoption of Rules and Regulations by the Board of Health.

1002.05 Minimum Standards For Basic Equipment and Facilities.

No person shall occupy as owner/occupant or let to another for occupancy and dwelling or dwelling unit, for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the following requirements:

1002.06 Minimum Standards For Light, Ventilation and Heating.

No person shall occupy as owner/occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

1002.07 General Requirements Relating to the Safe and Sanitary Maintenance of Parts of Dwellings and Dwelling Units. No person shall occupy as owner/occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

1002.08 Minimum Space, Use and Location Requirements. No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

1002.09 Responsibilities of Owners and Occupants. Owners/occupants shall be responsible for the following:

1002.10 Rooming Houses.

Subdivision 1. Standards Applicable. No person shall operate or occupy a rooming house or a room within a rooming house unless the rooming house and the room (dwelling units) within the house comply with all provisions of this chapter.

Subd. 2. Permit Required. No person shall operate a rooming house unless he holds a valid rooming house permit issued by the building inspector and/or health officer, in the name of the operator and for the specific dwelling or dwelling unit. The operator shall apply to the building inspector and/or health officer for such permit, which shall be issued by the building inspector and/or health officer upon compliance by the operator with applicable provisions of this chapter and of any rules and regulations adopted pursuant thereto. This permit shall be displayed in a conspicuous place within the rooming house, at all times. No such permit shall be transferable. Every person holding such a permit shall give notice in writing to the building inspector and/or health officer within twenty-four hours after having sold, transferred, given away, or otherwise disposed of ownership of, interest in, or control of any rooming house. Such notice shall include the name and address of the person succeeding to the ownership or control of such rooming house. Every rooming house permit shall expire at the end of one year following the date of issuance, unless sooner suspended or revoked as hereinafter provided.

Subd. 3. Hearing on Denial. Any person whose application for a permit to operate a rooming house has been denied may request and shall be granted a hearing on the matter before the building inspector and/or health officer, under the procedure provided by Section 101.05.

Subd. 4. Notice and Suspension. Whenever upon inspection of any rooming house the building inspector and/or health officer finds that conditions or practices exist which are in violation of any provisions of this chapter or of any rule or regulation adopted pursuant thereto, the building inspector and/or health officer shall give notice in writing to the operator of such rooming house that, unless such conditions or practices are corrected within a reasonable period, to be determined by the building inspector and/or health officer, the operator's rooming house permit will be suspended. At the reinspection of such rooming house, if he finds that such conditions or practices have not been corrected, he shall give notice in writing to the operator that the latter's permit has been suspended. Upon receipt of notice of suspension, such operator shall immediately cease operation of such rooming house, and no person shall occupy for sleeping or living purposes any rooming unit therein.

Subd. 5. Hearing on Suspension. Any person whose permit to operate a rooming house has been suspended or who has received notice from the building inspector and/or health officer that his permit is to be suspended unless existing conditions or practices at his rooming house are corrected, may request and shall be granted a hearing on the matter before the council, under the procedure provided by Section 101.05; provided that if no petition for such hearing is filed within ten days following the day on which such permit was suspended, such permit shall be deemed to have been automatically revoked.

Subd. 6. Toilet Facilities. At least one flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system approved by the building inspector and/or health officer and in good working condition, shall be supplied for each eight persons or fraction thereof residing within a rooming house, including members of the operator's family wherever they share the use of the said facilities; provided that, in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half the required of water closets. All such facilities shall be so located within the dwelling so as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. No such facility shall be located in a basement except by written approval of the building inspector and/or health officer.

Subd. 7. Linens. The operator of every rooming house shall change supplied bed linen and towels therein at least once each week, and prior to the letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.

Subd. 8. Minimum Size. Every room occupied for sleeping purposes by one person shall contain at least 60 square feet of floor space and every room occupied for sleeping purposes by more than one person shall contain at least 30 square feet of floor space for each occupant thereof.

Subd. 9. Egress. Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of this state and the city. An alternate exit shall be provided for second floor rentals.

Subd. 10. Sanitary Conditions. The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for maintenance of a sanitary condition in every other part of the rooming house; and he shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator.

1002.11 Designation of Unfit Dwellings and Legal Procedure of Condemnation.

Subdivision 1. Standards. Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the building inspector and/or health officer.

Subd. 2. Vacation of Premises. Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the building inspector and/or health officer, shall be vacated within a reasonable time as ordered by the building inspector and/or health officer.

Subd. 3. Reuse of Premises. No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall not again be used for human habitation until written approval is secured from, and such placard is removed by the building inspector and/or health officer. The health officer shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.

Subd. 4. Removal Prohibited. No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in Subd. 3 above.

Subd. 5. Hearing. Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation, may request and shall be granted a hearing on the matter before the council, under the procedure set forth in Section 101.05 within five days of posting of notice.

1002.12 Conflict of Regulations. In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance or code of the city, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people, shall prevail.

1002A.      PROPERTY MAINTENANCE REGULATIONS (To Top of Page | Back to Ordinance Contents)

1002A.01          Findings and purpose statement

        The City Council finds that it is in the best interest of the City of Detroit Lakes to protect the public health, safety, and general welfare of its citizens by adoption of these Property Maintenance Regulations.  The intent of these regulations is to further the following objectives:

1)      To preserve the value of property within the City;

2)      To protect the character and stability of property within the City;

3)      To provide minimum standards of maintenance for property within    the City; and

4)      To correct conditions on property that do not comply with the   standards of maintenance established herein.

 1002A.02          Application & Scope

           Subdivision 1.   GENERAL 

           All owners and occupants of property shall comply with the provisions set forth in this Section and elsewhere in this Code.  This Section applies to all property located within the City of Detroit Lakes. 

           Subdivision 2.   EXEMPTION      

          This section does not apply to undeveloped land, which may be allowed to remain in a natural condition, but shall comply with all other provisions of this Code.

          1002A.03          Definitions

          Subdivision 1.   ACCESSORY STRUCTURE  

          Shall have the meaning stated in the Zoning Regulations. 

          Subdivision 2.   BUILDING

          Shall have the meaning stated in the Zoning Regulations. 

          Subdivision 3.    MANUFACTURED HOUSING

          Shall have the meaning of “dwelling manufactured (mobile) home” as stated in the Zoning Regulations.

           Subdivision 4.    PROPERTY

          Shall mean developed or undeveloped land, parcel or platted lot, including any buildings, structures, and accessory structures thereon.

           Subdivision 5.    STRUCTURE

Shall have the meaning stated in the Zoning Regulations.

1002A.04          Maintenance Requirements

 The owner and occupant of a property shall keep and maintain the property in compliance with the following requirements:

           Subdivision 1.    GENERAL REQUIREMENTS 

          All maintenance shall be completed in a substantially workman like manner and of material reasonably suitable for the intended use.

          Subdivision 2.    EXTERIOR PROPERTY   

                   A.      Property not covered by buildings or accessory structures shall be kept and maintained in a clean,                              safe, and sanitary condition.

                    B.      Property not covered by buildings or accessory structures shall be graded and maintained to prevent                               the erosion of soil and accumulation of water thereon, except in approved water retention areas. 

          Subdivision 3.   EXTERIOR OF BUILDINGS, STRUCTURES AND ACCESSORY STRUCTURES.

                     A.    General.  The exterior of any building, structure, or accessory structure shall be maintained in good

                             repair so as not to pose a threat to the public health, safety, or welfare.

                    B.      Exterior surfaces.  Exterior wood surfaces shall be protected from the elements and decay by

                             maintained  paint, stain or other protective covering or treatment.   Peeling, flaking and chipped paint

                             shall be removed and  the surfaces repainted or otherwise covered by other protective coverings such

                             as wood, vinyl, steel, etc. Joints in siding materials and between siding and other features shall be

                             weather-resistant.  Metal surfaces subject to rust or corrosion shall be stabilized and  treated to inhibit

                             future rust or corrosion.  For purposes of this Section, if fifty percent (50%) or more of a wall or  other

                             surface area, such as:  fascia, soffits, rake, has the protective coating peeling, flaking, chipping, or

                             deteriorated, then the wall or surface area shall be restored to a protected condition. 

                    C.      Exterior walls.  Exterior walls shall be free from holes, breaks, and loose, missing or rotting materials. 

                    D.      Roofs and drainage.  The roof and flashing shall be  weather resistant so as not to allow moisture to

                              enter the building.  Roof drainage systems shall be  maintained in good working order to perform the

                              intended function.  Roof water shall not be discharged in a manner that creates a public nuisance. 

                   E.      Stairways, decks, porches, and balconies.  Stairways, decks, porches and balconies and attachments

                             thereto, shall be maintained in good repair, able to safely perform the intended function, and shall be

                             maintained  weather-resistant. 

                    F.      Chimneys, flues, and vents.  Chimneys, flues, vents,  and other similar features shall be maintained in

                             good and safe working order. Exposed surfaces of metal or wood shall be maintained and protected

                             from rust or decay according to the requirements of this chapter. 

                     G.     Windows, skylights and doors.  Windows, skylights, and doors of the principal use buildings shall be

                             kept in good and safe working order and shall be weather tight.

The maintenance requirements set forth herein are not exclusive and are in addition to all other provisions of this Code or State Law that regulate the condition or use of property, including, but not limited to:  storage of garbage or refuse, junk vehicles, boats, motor homes, or appliances; weed and pest control; building, fire and plumbing code requirements; individual sewage treatment systems; and prescribed public nuisances.

1002A.06          Enforcement and Inspection. 

          Subdivision 1.  GENERAL

          The officers designated by the Council to enforce this chapter shall have the power to inspect private premises to ensure compliance with these Property Maintenance Regulations.

           Subdivision 2.  REQUIRED TESTING

          The property owner is required to present proper evidence that any material or methods used conforms to the requirements of this Code.  The officer designated by the Council to enforce this chapter shall have the authority to require test reports or investigations as evidence of compliance.  The cost of all tests, reports and investigations shall be paid by the property owner. 

1002A.07          Violations & Penalties

Any violation of Chapter 1002A is a misdemeanor.  Each day that a violation is permitted to exist shall be a separate violation.

1002A.08          Abatement.

        Subdivision 1.  NOTICES

          Whenever the officer charged with enforcement determines that a violation of the Property Maintenance Regulations exists on a property in the City, the officer shall notify the owner of the property of the violation and order that the owner correct the violation.

         Subdivision 2.   FORM OF VIOLATION NOTICE

        The Violation Notice prescribed in this section shall be in writing and include a description of the violation and a correction order allowing reasonable time, not to exceed 30 days to make the repairs or improvements to bring the property, buildings or structures into compliance with this code.

          Subdivision 3.   METHOD OF SERVICE

          Violation Notices prescribed in this Section shall be deemed properly served if the Violation Notice is

          a)       Delivered to the property owner personally; or

          b)      Served by upon the owner of the property by certified mail with return receipt requested, or by regular mail supported by an affidavit of service by mailing, and sent to the address of the owner as shown in the most recent property tax records maintained by Becker County for the property.

          Subdivision 4.   ABATEMENT HEARING

        If a Maintenance Code Violation is not corrected in the time specified in the notice, the enforcing officer shall report the fact to the City Council.  The City Council after serving written notice upon the property owner at least 14 days prior to a hearing in the same manner as service of the Violation Notice provided above, may hold a public hearing and may Order Abatement of the violation and may cause the Maintenance Code Violation to be corrected by the City. 

         Subdivision 5.  COST OF CORRECTIONS

          The owner of property, upon which a Maintenance Code Violation has been corrected by or on behalf of the City after an Abatement Hearing resulting in an Order for Abatement, shall be personally liable for the cost of abatement and the cost may be assessed as a current service against the property. 

                    Section 2.  Summary Approved. 

          The City Council hereby determines that the text of the summary marked “Official Summary of Ordinance No. 305,” a copy of which is attached hereto clearly informs the public of the intent and effect of the ordinance.  The City Council further determines that publication and the title and such summary will clearly inform the public of the intent and effect of the ordinance. 

                   Section 3.  Filing.  The City Clerk shall file a copy of this ordinance in the City office, where a copy shall be available for inspection by any persons during regular office hours.

                    Section 4.  Publication.  The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk.

                    Section 5.  Effective Date.  This ordinance shall take effect upon its passage and the publication of its title and the official summary.

 Added: 2/13/07, Ord. No. 305

1003. Open Burning (To Top of Page | Back to Ordinance Contents)

1004. Building Code (To Top of Page | Back to Ordinance Contents)

1004.01          Application, Administration and Enforcement.  The application, administration and enforcement of the code shall be in accordance with Minnesota Rule Chapter 1300.  The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 16B.62, Subdivision 1, when so established by this ordinance.

The code enforcement agency of the City of Detroit Lakes is called the Detroit Lakes City Council.

This code shall be enforced by the Minnesota Certified Building Official designated by the City of Detroit Lakes to administer the code (Minnesota Statute 16B.65, Subdivision 1). 

1004.02          Permits and Fees.  The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes 16B.62, Subdivision 1.

Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the City of Detroit Lakes in City Code, Section 210 and 1004.  In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute 16B.70.

1004.03          Violations and Penalties.  A violation of the code is a misdemeanor (Minnesota Statute 16B.69) and Minnesota Rules, Chapter 1300.

1004.04          Building Code.  The Minnesota State Building code, established pursuant to Minnesota Statutes 16B.69 to 16B.75 is hereby adopted as the building code for the City of Detroit Lakes.  The code is hereby incorporated in this ordinance as if fully set out herein.

 A.        The Minnesota State Building Code includes the following chapters of Minnesota Rules:

            1.         1300, Administration of the Minnesota Sate Building Code;

            2.         1301 Building Official Certification;

            3.         1302, State Building Code Construction Approvals;

            4.         1303, Minnesota Provisions;

            5.         1305 Adoption of the 2006 International Building Code;

            6.         1307, Elevators and Related Devices;

            7.         1309, Adoption of the 2006 International Residential Code;

            8.         1311, Adoption of the 2000 Guidelines of the Rehabilitation of Existing Buildings;

            9.         1315, Adoption of the 2005 National Electrical Code;

            10.       1324, Solar Energy Systems;

            11.       1330, Fallout Shelters;

            12.       1341 Minnesota Accessibility Code;

            13.       1346, Adoption of the Minnesota State Mechanical Code;

            14.       1350, Manufactured Homes;

            15.       1360, Prefabricated Structures;

            16.       1361, Industrialized/Modular Buildings;

            17.       1370, Storm Shelters (Manufactured Home Parks);

            18.       4715, Minnesota Plumbing Code;

            19.       7670, 7672, 7674, 7676 and 7678, Minnesota Energy Code

Amended: 06/03/2003, Ord. No. 238

Amended: 08/14/2007, Ord. No. 314

 1004A. Minnesota Accessibility Code (To Top of Page | Back to Ordinance Contents)

1004A.01 Application, Administration and Enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota rule part 1300.2100 and as modified by Chapter 1305. The code enforcement agency of the City of Detroit Lakes is called the Detroit Lakes Building Official.

1004A.02 Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statute 16B.62 Subdivision 1 and as provided for in Chapter 1 of the 1997 Uniform Building Code and Minnesota rules part 1305.0106 and 1305.0107. Permit fees shall be assessed for work governed by this code in accordance with Section 210 of the Detroit Lakes City Code and in accordance with Table No. 1A of this ordinance. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute 16B.70.

1004A.03 Violations and Penalties. A violation of the code is a misdemeanor (Minnesota Statute 16B.69).

1004A.04 Building Code for Accessibility. The Minnesota Accessibility Code, established pursuant to Minnesota Statutes 16B.75, is hereby adopted as the building code for accessibility in this municipality. The building code for accessibility is known as Chapter 1341 of the Minnesota Rules. (Adopted: 7/6/99 Ord. No. 182)

1005. Residential Rummage Sales, Garage Sales and Similar Occasional Sales (To Top of Page | Back to Ordinance Contents)

Subdivision 1.         Definition of Rummage Sale

            An offering or display of goods to the public on a temporary basis by a person or organization on residential premises.  The term “rummage sale” encompasses yard sales, garage sales, estate sales, moving sales, block sales and related sales where second hand or other goods are sold or displayed to members of the public on a temporary basis.

            Subd. 2.        Restrictions 

A.        Any “rummage sale” shall be conducted solely within the property owned or occupied by the owner or occupant who is conducting the sale. 

B.        There shall be no more than three “rummage sales” conducted at anyone residence per calendar year.

 C.        No “rummage sale” shall be conducted during any part of more than three consecutive days.

 D.        No “rummage sale” may be conducted before 7:00 AM or after 8:00 PM.

 Subd.  3.        Limited Open Sales

        Residents are allowed on a limited basis to sell motor vehicles, boats, Recreation vehicles and equipment subject to the following limitations:

 A.        No more than a total of three items per site can be advertised for sale per calendar year.

 B.        No more than two items can be displayed for sale at any one time per property.

 C.        Individual items may not be displayed for sale in excess of thirty days in the aggregate for all items displayed.

 D.        Items sold are limited to articles owned by residents of the open sales site.

 E.        Sale items may not be placed on the public right of way.

 F.        One sign not exceeding two square feet in area advertising the sale item is allowed, such sign is to be placed within or attached to the sale item.

         Subd. 4.          Penalty

            Any person violating any provision of this ordinance shall be guilty of a misdemeanor.

 Added:  12-2-03, Ord. No. 243

 1006. Cleanup of Clandestine Drug Lab Sites and Chemical Dump Sites (To Top of Page | Back to Ordinance Contents)

             1006.01. General Provisions. 

(a) Purpose and finings. The purpose of this article is to reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals or residue from a suspected clandestine drug lab site or associated dumpsite may exist. Professional reports, based on assessments, testing and investigations, show that chemicals used in the production of illicit drugs can condense, penetrate, and contaminate surfaces, furnishings, and equipment of surrounding structures. The city council finds that such sites, and the personal property within such sites, may contain suspected chemicals and residues that place people, particularly children or adults of child bearing age, at risk when exposed through inhabiting or visiting the site or using or being exposed to contaminated personal property.

(b) Interpretation and application. The provisions of this ordinance shall be construed to protect the public health, safety and welfare. Where the conditions imposed by any provision of this article are either more or less restrictive to the public than comparable provisions imposed by any other law, ordinance, statute, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements on the public shall prevail. Should any court of competent jurisdiction declare any section or subpart of this article to be invalid, such decision shall not affect the validity of the article as a whole or any part thereof, other than the provision declared invalid.

1006.02. Definitions.  For the purposes of this article, the following terms or words shall be interpreted as follows:

(a) Child shall mean any person who is a minor under the laws of the State of Minnesota.

(b) Chemical dumpsite shall mean any place or area where chemicals or other waste materials used in a clandestine drug lab operation have been located.

(c) City shall mean the City of Detroit Lakes

             (d) Clandestine drug lab operation shall mean the unlawful manufacture or attempt to manufacture a controlled substance.

(e) Clandestine drug lab site shall mean any place or area where law enforcement has determined that conditions associated with an unlawful clandestine drug lab operation exist. A clandestine drug lab site may include dwellings, accessory buildings, structures or units, a chemical dump site, a vehicle, boat, trailer or other appliance or any other area or location.

 (f) Controlled substance shall mean any drug, substance or immediate precursor in Minn. Stat. § 152.02 Schedules I through V together with any amendments or modifications thereto. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.

(g) Household hazardous waste shall mean waste generated from a clandestine drug lab operation.

(h) Manufacture, in places other than a pharmacy, shall mean and include the production, cultivation, quality control, and standardization, by mechanical, physical, chemical or pharmaceutical means, and the packing, repacking, tableting, encapsulating, labeling, relabeling, or filling of drugs.

(i) Site, shall mean the property or area declared to be a public health nuisance.

(j) Site Owner, shall mean any person(s), firm(s), corporation(s) or other entity who or which owns, in whole or in part, the land, building, structure, vehicle, boat, trailer or other location associated ‘with a clandestine drug lab site or chemical dump site.

            1006.03. Declaration of Site and Contents as a Public Health Nuisance.

All dwellings, accessory structures, buildings, vehicles, boats, trailers, personal property, adjacent property or other locations, associated with a clandestine drug lab site or chemical dump site are potentially unsafe due to health hazards and are hereby declared to be a public health nuisance.

            1006.04. Law Enforcement Action.

If law enforcement authorities determine the existence of a clandestine drug lab site or chemical dump ‘site, then the site, and all personal property therein, shall be declared a public health nuisance. Law enforcement authorities who identify conditions associated with a clandestine drug lab site or chemical dump site which may place neighbors, the visiting public, or present and future occupants of the site at risk for exposure to harmful contaminants and other associated conditions are authorized to take the following action:

(1)  Promptly notify the city building official, child protection, public health authorities and the appropriate enforcement division of the drug enforcement administration of the U.S. Justice Department of the location of the site, and the site owner if known, of the conditions found;

             (2)  Treat, store, transport or dispose of all household hazardous waste found at the site in a manner consistent
                    with state department of health, Minnesota pollution control and county health department rules and
                   regulations;

             (3)      Issue a temporary declaration of public health nuisance for the affected site and post a copy of the
                     declaration on all doorway entrances to the site or, in the case of bare land, post the declaration in several
                     conspicuous places on the property. This temporary declaration of public health nuisance issued bylaw
                     enforcement shall expire after the city building official inspects the site and determines the appropriateness
                     of issuing a permanent declaration of public health nuisance;

             (4)  Notify all persons occupying the site that a temporary declaration of public health nuisance has been issued;

             (5)  Require all persons occupying the site to immediately vacate the site, remove all pets from the site, and not
                    return without written authorization from the city building official; 

(6)  Notify all occupants vacating the site that all personal property at the site may be contaminated with dangerous chemical residue; and

             (7)  Put locks on each doorway entrance to the site to prohibit people from entering the site without authorization
                    after all occupants of the site have vacated.

 The obligation to promptly notify the persons and organizations mentioned above maybe delayed to accomplish appropriate law enforcement objectives, but only to the extent that public health and child protection responsibilities are not unnecessarily compromised.

             1006.05.  Seizure of Property.

 When the clandestine drug lab site or chemical dump site is inside a vehicle, boat, trailer or other form of moveable personal property, law enforcement authorities shall immediately seize it and not allow it to be transported except to a more secure location. In such circumstances, all other requirements of this article shall be followed as closely as possible given the specific type of property in which the site is discovered. Law enforcement authorities may delay immediate seizure to accomplish appropriate law enforcement objectives.        

             1006.06. Action by City Building Official.

 (a)   Inspection and declaration of nuisance. Within a reasonable time after receiving notification that law enforcement authorities have determined the existence of a clandestine drug lab site or chemical dump site, the city building official shall inspect the site to determine the appropriate scope of a permanent declaration of public health nuisance. Based on the results of the inspection, the city building official may then issue a permanent declaration of public health nuisance and a Do Not Enter--Unsafe to Occupy Order for the Site to replace the temporary declaration issued and posted by law enforcement. A copy of the permanent declaration and order shall be posted on all doorway entrances to the Site or, in the case of bare land, shall be posted in several conspicuous places on the property.

 (b)   Abatement order. After the permanent declaration of public health nuisance has been issued and posted, the city building official shall send written notice to the Site Owner ordering abatement of the public health nuisance. The abatement order shall include the following information:

            (1)     A copy of the declaration of public health nuisance and Do Not Enter—Unsafe to Occupy Order;

(2)    Information about the potentially hazardous condition of the site;

(3)    Notification of suspension of the site’s rental license if applicable;

(4)    A summary of the Site Owner’s and occupant’s responsibilities under this article; and

(5)    Information that may help the Site Owner locate appropriate services necessary to abate the public health nuisance.

 (c)    Notice to concerned parties. The building official shall also mail a copy of the permanent declaration of public health nuisance, a copy of this article, and a notification of the suspension of the Site’s rental licensees, if applicable, to the following concerned parties at their last known address:

             (1)    Occupants or residents of the Site if the identities of such persons are known;

(2)    Neighbors in proximity to the Site who may be reasonably affected by the conditions found;

(3)    The city administrator;

(4)    The community development director;

(5)    The city police department;

(6)    The appropriate enforcement division of the drug enforcement administration of the U.S. Justice Department; and

(7)    Other city, state and local authorities, such as the city water department, the state pollution control agency, the state department of health, and the department of natural resources which are known to have public and protection responsibilities that are applicable to the situation.

 (d) Modification or removal of declaration. The city building official is authorized to modify or remove the declaration of public health nuisance after the building official receives documentation from a city approved environmental hazard testing and cleaning firm stating that the suspected health and safety risks, including those to neighbors and potential dwelling occupants, either do not exist or have been sufficiently abated or corrected to justify amendment or removal of the declaration.

             1006.07. Site Owner’s Responsibility to Act.

  Within ten business days of the date the abatement order is mailed to the Site Owner of the Site, the owner shall accomplish the following:

             (1)   Provide the city building official with written notification:

a.    That the Site Owner has confirmed that all persons and their pets have vacated the site;

                     b.    Of the name(s) of all children who the Site Owner believes were residing at the site during the time
                             period the clandestine drug lab or chemical dump site is suspected to have been at the Site; and

c.    That the Site will remain vacated and secured until the public health nuisance is completely abated as required by this article.

(2) Contract with one or more city approved environmental hazard testing and cleaning   firms to conduct the following work in accordance with the most current state department of health guidelines:

a.    A detailed on-site assessment of the extent of contamination at the Site and the  contamination of the personal property therein;

b.    Soil testing of the Site and testing of all property and soil in proximity to the Site, which the environmental hazard testing and cleaning firm determines may have been affected by the conditions found at the Site

c.    A complete clean up of the site (including but not limited to the clean up or removal of plumbing, ventilation systems, fixtures and contaminated soil) or a demolition of the site and a complete clean up of the demolished Site;

d.    A complete clean up, or disposal at an approved dump site, of all personal property in the Site;

e.        A complete clean up of all property and soil in proximity to the Site which is found to have been affected by the conditions found at the Site;

f.           Remediation testing and follow-up testing, including but not limited to testing of the ventilation system and plumbing, to determine that all health risks are sufficiently reduced, according to state department of health guidelines, to allow safe human occupancy and use of the Site and use of the personal property therein and of all property and soil in proximity to the Site.

             (3)    Provide the city building official with the identity of the testing and cleaning firm with which the Site Owner
                     has contracted for abatement of the public health nuisance as required above; and

             (4)    Sign an agreement with the city building official establishing a clean up schedule. The schedule shall
                      establish reasonable deadlines for completing all actions required by this article for abatement of the public
                      health nuisance. In determining appropriate deadlines, the city building official shall consider practical
                      limitations and the availability of contractors in approving the schedule for clean up.

 The Site Owner must meet all deadlines established on the clean up schedule. Also, pursuant to the deadlines established by the clean up schedule, the Site Owner is required to provide the city building official with written documentation of the clean up  process, including a signed statement from a city approved environmental hazard testing and cleaning firm that the Site, all personal property therein and all property and soil in proximity to the Site, is safe for human occupancy and use and that the clean up was conducted in accordance with the most current state department of health guidelines.

             1006.08. Site Owner’s Responsibility For Costs.

 The Site Owner shall be responsible for all costs, including those of the city, of dealing with and abating the public health nuisance, including contractor’s fees and the city’s costs for services performed in association with the clandestine drug lab site or chemical dump site clean up. The city’s costs may also include, but shall not be limited to:

(1)    Posting of the Site;

(2)    Notification of affected parties;

(3)    Securing the Site, providing limited access to the Site, and prosecution of unauthorized persons found at the Site;

(4)    Expenses related to the recovery of costs, including the assessment process;

(5)    Laboratory fees;

(6)    Clean up services;

(7)    Administrative fees;

(8)    Legal fees; and

(9)    Other associated costs.

             1006.09. City Action and Recovery of Costs.

(a) If the Site Owner fails to comply with any of the requirements of this article, the city building official is authorized to take all reasonable actions necessary to abate the public health nuisance including, but not limited to, contracting with a city approved environmental hazard testing and cleaning firm to conduct the work outlined in section 1006.06(2) of this article.

 The building official is also authorized to provide a copy of the declaration of public health nuisance to the lien and/or mortgage holders of the Site to help assure that persons with interest in the Site have access to information about the declaration of public health nuisance.

 (b) If the costs to clean the Site or to clean the personal property at the Site are prohibitively high in relation to the value of the Site or the personal property, the city is authorized to remove or demolish the Site, structure or building and/or dispose of the personal property therein. These actions shall be taken in accordance with the provisions of Minn. Stat. chapter 463 together with any amendments or modifications thereto.

 (c) If the city abates the public health nuisance, in addition to any other legal remedy, the city shall be entitled to recover all of its out of pocket costs plus an additional 25 percent of such costs for administrative and legal expense. The city may recover costs by civil action against the Site Owner of the Site or by assessing such costs as a special charge against the Site as taxes and special assessments are certified and collected pursuant to Minnesota Statutes, § 429.101 or according to the provisions of Minnesota Statutes chapter 463 together with any amendments or modifications thereto.

            1006.10. Recovery of Costs From Persons Causing Damage.

 No provisions of this article are intended to limit the Site Owner’s, residents’ or the city’s right to recover costs incurred under this article from persons causing or contributing to the public health nuisance arising from the Clandestine Drug Lab Site or Chemical Dumpsite.

             1006.11. Site Owner and Address.

 When the Site declared a public health nuisance under this ordinance is real property and the Site Owner or the address of the Site Owner of the Site is unknown, then the Site Owner and the Site Owner’s address is deemed to be that of the property’s taxpayer’s name and address as that information is maintained by the county auditor’s office. When such Site is a vehicle, boat or trailer and the Site Owner or the address of the Site Owner is unknown, then the Site Owner and the Site Owner’s address is deemed to be that of the person identified as the owner in the current or most recent title records for the vehicle, boat or trailer.

             1006.12. Suspension of Residential Rental License.

 Upon issuance of a permanent declaration of public health nuisance, any residential rental license issued by the city for the Site, or any part thereof, is hereby declared to be immediately suspended pending full compliance with this article.

             1006.13. Unauthorized Removal of Postings.

 It is unlawful for any person, except authorized city personnel, to remove a temporary or permanent declaration of public health nuisance and/or “Do Not Enter--Unsafe to Occupy” Order from a chemical dump site or a clandestine drug lab site.

             1006.14. Entry Into or Onto Site.

 During the time that a declaration of public health nuisance under this ordinance is in effect and has been posted at the Site, no persons are permitted to be inside the Site, or on the Site property without prior written consent of the city building official or as otherwise authorized by this article. To confirm compliance with this article and to execute their duties under this article, law enforcement officers, the city building official, and any persons designated by the building official, may enter onto the Site or enter into the Site at any time while a declaration of public health nuisance is in effect for the Site.

            1006.15. Removal of Personal Property From the Site.

 While a declaration of public health nuisance for an affected Site is in effect and has been posted at the Site, no personal property may be removed from the Site without prior written consent from the city building official. Consent to remove personal property shall only be granted at the reasonable discretion of the building official, and only in cases of hardship after:

(1)    A city approved environmental hazard testing and cleaning firm has advised the city, in writing, that the item(s) of personal property can be sufficiently cleaned to remove all harmful contamination; and

             (2)    The owner of the personal property agrees in writing:

a.  That the owner is aware of the danger of using the contaminated  property;

 b.  That the owner will thoroughly clean the property to remove all contamination before the property is

       used;  and

c.  That the owner releases and agrees to indemnify the city, its staff, and the city   council from all liability to the owner and/or third persons for injuries or damages caused, or alleged to have been caused, by the contaminated property.

 Added:  03-02-04, Ord. No. 249

Erosion and Sediment Control Plan: Otherwise known as a storm water pollution prevention plan (SWPPP) which is a set of plans prepared by or under the direction of a licensed professional engineer or certified contractor indicating the specific measures and sequencing to be used to control the sediment and erosion on a development site during and after construction.

Grading: Excavation or fill of material.

Perimeter Control: A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin. 

Land Disturbing Activity (LDA): Any project or activity, including removal of vegetation, excavations, clearing, filling, stockpiling, grading or other earth change that directly or indirectly affects slopes, water bodies, the moving of ground cover or which may result in the movement of sediment, all of which come under the rules and regulations of the PRWD.

 Land Disturbance Permit (LDP): A Storm Water Permit issued by the Pelican River Watershed District (PRWD) (prwd.org) for the construction or alteration of ground cover improvement and structures for the control of erosion, runoff and grading.

 Owner: This includes the plural as well as the singular, and where appropriate shall include a natural person, partnership, firm, association, public, or quasi-public corporation, private corporation, or a combination of any of them, with a legal or equitable interest in the parcel of record or as identified on the LDP.

 Primary Structure: A structure in which a principal use of the lot on which the structure is located is constructed.

Sediment: Soil particle exposed to movement.

 Sediment Control: Measures that prevent eroded sediment from leaving the site.

 Site: A parcel of land or a contiguous combination thereof, where grading work is preformed as a single unified operation.

 Stabilization: The use of practices that prevent exposed soil from eroding. Otherwise known as Best Management Practices (BMP's) 

Start of Construction: The first land disturbing activity associated with a development, including land preparation such as ground clearing (grubbing), grading, and filling. Installation of streets and walkways, excavation for basements, footings, piers or foundations; erection of temporary forms; and installation of accessory buildings such as garages.

1007.03:           Required Land Disturbance Permits

 The permit authorizes, subject to the terms and conditions of the permit, the discharge of storm water associated with construction activity.  Construction activity includes clearing, grading and excavation, pursuant to the PRWD rules and regulations now in effect and those rules and regulations that may be approved by the PRWD in the future.

              A.      Prior to the commencement of any land disturbing activities on any site subject to this ordinance the Owner                                                 shall obtain a Land Disturbance Permit (LDP) from the Pelican  River Watershed District (PRWD)

             B.       All persons wishing to start a land disturbance project for the purposes of the construction  of a residential, commercial                         or industrial principle structure shall submit a Land Disturbance Permit to the City of Detroit Lakes at the time

                        of  application for a building permit. 

            C.       All persons wishing to start a land disturbance project for the purposes of the construction   of any roadway or

                        utilities, shall submit a Land Disturbance Permit pursuant to PRWD rules and regulations to the City of Detroit Lakes at

                        the time they request roadway and utility plan approval.

D.        A land disturbance permit is not required for the following activities:

                        1.         Any emergency activity that is immediately necessary for the protection of  life, property,

                                    or natural resources.

                                    2.         Nursery, home gardening and agricultural operations conducted as a  permitted main or accessory use.

                                    3.         Maintenance work conducted by City of Detroit Lakes employees.

1007.04:          Land Disturbance Permit Process and Data Requirements

             A.       Residential, Commercial and Industrial Site Construction Plans. An application and  applicable application fee                                             for a land disturbance permit for each property, platted and un-platted shall be filed with the PRWD on an                                                approved form (see prwd.org) and with accompanied-accompanying documents, and SWPPP. The PRWD will review                         each  residential, commercial and industrial land disturbance permit application for site construction (which shall include

                        a   site drawing of all structures and stabilization methods) to determine its conformance with the provisions of

                        their regulations. Most land disturbance permits for building site plans will be issued within the same time period

                        as the building permit.

            B.        Roadway and Utility Installation Construction Plans. An application for a land disturbance permit for all properties                                   shall be filed with the PRWD on an approved form with accompanying documents, and SWPPP. The PRWD will

                       review each roadway and  utility land disturbance permit application for site construction to determine its 

                      conformance with the provisions of their regulations. Land disturbance permits for  roadway and utility land disturbance

                       will be issued in accordance with PRWD rules.

 C.        The Pelican River Watershed District (PRWD) shall in writing: 

                                    1.   Approve the permit applications;

                                   2.   Approve the permit application subject to such reasonable conditions as may be necessary to secure                                                          substantially the objectives of this regulation, and issue the permit subject to these conditions; or

3.  Disapprove the permit applications, indicating the reason(s) and procedure  for submitting a revised application and/or submission.

             D.         Each application shall bear the name(s) and address (es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the  applicant's principal contact at such firm and shall be accompanied by an application fee as set by the PRWD.

1007.05:          Storm Water Pollution Prevention Plan

A Storm water Pollution Prevention Plan (SWPPP) shall be submitted to the PRWD along with the application for a Land Disturbance Permit.  A copy of the general permit to discharge storm water associated with construction activity and the associated SWPPP submitted to the Minnesota Pollution Control Agency (MPCA) may be submitted to the PRWD. 

A.          The Storm Water Pollution Prevention Plan (Erosion and Sediment Control Plan) shall be consistent with the requirements as established and utilized by the Minnesota Pollution Control Agency and the PRWD (see website at prwd.org)

B.         Modifications to the plan shall be processed and approved or disapproved in the same manner as Subd. 4 of this regulation, or may be authorized by the PRWD by written authorization to the permittee, and shall include major amendments of the land disturbance permit or storm water pollution prevention plan submitted to the PRWD.   Major amendments include a change in structure location and drainage patterns. 

1007.06          Stabilization Design:

             A.        Stabilization and use of Best Management Practices shall be in accordance with approved BMP's as recommended by the Minnesota Pollution Control Agency (MPCA) in its publications Minnesota Stormwater Manual and Protecting Water Quality in Urban Areas, or as amended and approved by the PRWD.

            B.        Erosion control requirements shall include the following:

                         1. Soil stabilization shall be completed within 7 days of clearing or inactivity in construction on a slope steeper than 3:1; or 14 days on a slope from 10:1 to 3:1; or  2l days on a slope flatter than 10:1.

                                     Trout Stream areas: All exposed soil areas with a slope of 3:1 or steeper, that have  a continuous positive slope to a special water must have temporary erosion protection or permanent cover within 3 days after the area is no loner being actively worked. Slopes flatter than 3:1 with a continuous positive slope to the special water must have temporary erosion protection or permanent cover within 7 days after the area is no longer being actively worked.

                         2.         If seeding or another erosion control measure is used, it shall become established within three weeks or the PRWD may require the site to be reseeded or a no vegetative option employed.

                        3.         Soil stockpiles must be stabilized or covered at the frequency as all other stabilization activities.

                        4.         The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to

                                     control erosion.

                        5.         Techniques shall be employed to prevent the blowing of dust or sediment from  the site to the

                                    maximum extent possible.

                         6.         Technique that diverts upland runoff past disturbed slopes shall be employed to  the maximum extent possible.

                        7.         Other best management principals in order to ensure that sediment is not tracked onto public streets by construction vehicles or washed into storm drains such as rock construction entrances.

 8.         Removal of all debris, dirt and soil from impervious ground surfaces, including  abutting public or private roadways and sideways, sediment basins, catch basins  and in connection with the subject property.

 1007.07          Special Waters/Trout Waters:

 The City has a designated trout stream within its city limits, Sucker Creek.  The City will require special considerations for protection of this creek that aligns with the state NPDES MS4 and construction permits.  These requirements include:

             A.        Determination and documentation that there is no feasible and prudent alternative to the proposed discharge.  All prudent and feasible measurers needed to avoid or reduce  impacts to trout streams, and to preserve the existing high quality of the water will be implemented.

             B.        If the discharge cannot be avoided, the owner must consider measures to protect water quality and prevent temperature increases. Acceptable measures include reducing the  impervious surfaces, diversion away from the stream and use of filter strips infiltrations,  biofiltrations, or enhanced grass swales to treat runoff before discharge to the trout  waters.  Innovative alternatives to ponds are specifically encouraged for trout water discharges if they provide equivalent treatment. 

             C.        Buffer zone.  An undisturbed buffer of not less than 100 linear feet from the trout stream shall be maintained at all times.   

1007.08           Inspection & Fees: 

A.          The City Engineer, Building Inspector, PRWD personnel or designated agent shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee  wherein the work fails to comply with the Storm Water Pollution Prevention Plan as approved. Plans for grading, stripping, excavating and filling work, bearing an approval date, shall be maintained at the site during the progress of the work.

            B.        The permittee or his/her agent shall make regular inspections of all control measures once every seven (7) days

                        during active construction and within 24 hours after a rainfall event greater than- 0.5 inches in 24 hours. The purpose

                        of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control

                        measures.  All inspections shall be documented in written form and available upon request to the City Engineer,

                        Building Inspector or PRWD inspection personnel.

            C.        The City Engineer and/or the Building Inspector or designated agent shall enter the property of the applicant as

                        deemed necessary to make regular inspections to ensure the validity and compliance of the permit filed.

1007.09          Enforcement

             A.        Compliance required. The applicant shall implement and comply with the land disturbance permit prior to and during any construction or land disturbing activity. All stabilization measures shall be implemented and maintained until all grading, excavation and constriction work has ended.

            B.        Stop-Work Order: Revocation of Permit. In the event that any person holding a land disturbance permit pursuant to this ordinance violates the terms of the permit and is found  non-compliant with the permit or implements site development construction practices in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the   neighborhood, the City of Detroit Lakes or the PRWD may suspend or revoke the site  development permit. The City or the PRWD shall notify the owner in writing with a notice of the violation of the approved Land Disturbance Permit and to remove such conditions or remedy such defects. Such notice shall require the owner to remove or abate said violations within a specified period of time.

            C.        Violation and Penalties. No person shall construct, enlarge, alter, repair or maintain any grading, excavation, or fill or cause the same to be done, contrary to or in violation of any terms of this ordinance. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and each day during which any violation of any of  the provisions of his ordinance is committed, continued, or permitted, shall constitute a  separate offence. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this ordinance shall be required to bear the expense of such restoration. If, after service of notice, the owner fails to abate the violation or make the necessary repairs, alterations or changes in  accordance with the order of the Enforcement Officer, the Enforcement Officer may  cause such violation to be abated at the expense of the City of Detroit Lakes.  The City,   City of Detroit Lakes, may recover such expenditure by assessing the cost of the enforcement action against the real property upon which the violation existed and to certify the same for collection in the same manner as taxes and special assessments certified and collected. This does not alleviate said owner from other fines and penalties from said violations.

Added:  3/11/08, Ord. No. 319