2005 ORD
ORDINANCE NO. 05 - 01
AN ORDINANCE AMENDING CHAPTER 14
OF THE NEW HOPE CITY CODE
REGULATING LICENSE FEES FOR
"CERTIFIED ASSISTANCE" DOGS
The City Council of the City of New Hope ordains:
Section 1. Section 14-7(1) "Dog License Fees" of the New Hope City Code is hereby
amended by amending subsection 14-7(1)(c) to read as follows:
14-7(1)(c) Free licenses for "seeing eye" dogs, actually used b)T blind persons. Licenses
shall be provided at no cost for certified assistance dOQ:s servicin2:: total Iv or partially blind..
physicallY handicaoped or deaf individuals.
Section 2. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 10 day of January , 2005.
y" -
Attest: /a~Li'1 /~-ru
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the ~ day of January , 2005.)
P:,ATTORNEY\CNH ORDINAt\CES\99.40135~OOl~ORD 05~Ol A~lEND LIC FEES FOR CERT ASSIST DOGS.DOC
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
55.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as Sun-Post , and
has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat 9331 A.02, 9331A.07, and other applic-
able laws, as amended.
(8) The printed public notice that is attached was published in the newspaper once each
week, for ~ successive week(s); it was first published on Thursday, the ~ day
of January , 2005, and was thereafter printed and published on every Thursday
to and including Thursday, the _ day of ,2005; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abcdefghijklmnopqrstuvwxyz
BY:
Subscribed and sworn to or affirmed before me
on this 20th day of January ,2005.
~ ~ /l /
,/' ajA~f \ ;~(!J.J~
Notary Publi~" I
Ie
t MARY ANN CARLSON
NOTARY PUBLIC-MINNESOTA
MY COMMISSION EXPIRES 1-31..()9
l
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.85 per line
for comparable space
(2) Maximum rate allowed by law $ 6.20 oer line
(3) Rate actually charged $ 1.30 per line
ORDINANCE NO. 05 - 02
AN ORDINANCE AMENDING SECTION 2-13 OF THE
NEW HOPE CODE INCREASING THE MEMBERSHIP
OF THE PLANNING COlVIMISSION
The City Council of the City of New Hope ordains:
Section 1. Section 2-13 (b) "Composition" of the New Hope City Code is hereby amended
to read as follows:
2-13 (b) Composition.
(1) Number. The Planning Commission may consist of up to tefrtwelve members
appointed by the Council. Before taking office, every appointed member shall take
an oath to faithfully perform commission member duties.
(2) Term. Unless sooner removed by a four-fifths vote of the Council, flfae-eleven
of the members shall serve a term of three years, and the person appointed as the
~twelfth member shall serve a term expiring the first business day of January
in the year following the year appointed. All members appointed and qualified
shall serve until their successors qualify.
(3) Councilmember May be Tenth Twelfth Member. The Council may appoint a
member of the Council to serve on the Planning Commission who shall serve a
term expiring on the first business day of January in the year following the year
appointed.
Section 2. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 14th day of February, 2005.
/~ "
~A.ttest: Iaev~ ot1/lY--
Valerie Leone, City 'Clerk
(Published in the New Hope-Golden Valley Sun-Post the ~ day of February , 2005.)
P;\ATIORNEY\CNH ORDINANCES\99.80502-0RD NO. 05-02 INCREASING PLAN COMM MMBERSHP.DOC
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newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as Sun-Post , and
has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. 9331 A.02, 9331 A.O?, and other applic-
able laws, as amended.
(8) The printed public notice that is attached was published in the newspaper once each
week, for ~ successive week(s); it was first published on Thursday, the ~ day
of February , 2005, and was thereafter printed and published on every Thursday
to and including Thursday, the _ day of ,2005; and printed below is
a copy of the lower case alphabet from A to Z, both inclusiver which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice: WWW..mnSun..com
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BY: X~(Isf~I~~~~J;~~.;:~i{;(h:1
1\r1iC~~~~~~~~~~~30F
:',',,',"","',',',""'."',",',i,',',,',',",""'.'ii,'"'i,,,. ,i"",',' . ,."""""""'.'""""'",'.THE',>,,,,','",""',',',",',"i',",',"" """,,>','i,",""":
.'{~~~~~..CODE~Ir'lG.THE
',";"""', """"""""""""",>""""",', """""".:l\IEltmERSHIP:
9J.4;~i~GCO:MMISSION
Subscribed and sworn to or affirmed before me ~e~~~~0~fthe8~~~~~1H;Pto~~:
on this 24th day of February SectionLS~ction 2-13Cb) ..~ComDositionl'!' 'of theN ew
t 2005. Hope City Code..is Jierebyamendedto read as follows:
'7 /] /1 /l It .2..13,'Cb). Comtlositicin.
/'>//~/,. /(,)/ . ,/-- / ~.1)'.'Nu~bedi.TI1~;Pl~"~"~..it1g~(n,,'~iks~6~ri;~y"~O&ist of up
l f //l-Uj 1lJ/A/'^-- (:tP<- -~
to~~\Velv~me~ber~ aIlP~int~~ bYtheCo~cil~..'.:.. Before
V ~- t~gofiic~,~ye9!~I>I?()~~gT:~~~~r~~~Jltake an'oath
Notary Pu Ie l to faithfully penormconimission member duties;
~. .:: -:: . :.:.-. ~d..y.. ... ..'.::. .:.:....... ::- .. - ... .:.. -. . ..- . ...:. .,:.. ..:. .. ; . :-. ..,
- -- (~l.Term.........uri!~~s~~9#ei:;~~()*~'bj~f6ur~~h~.. yote..of
th~COtLT1Cil,.~;.~~eye~?ftB;~.~~1A~F~Ei~.aI!.~~rve aterm
. MARY ANN CARLSON 9f.. ~hre~.....:V~a.r~'~cl'~~peJ:'~oR'~J?P()~ted m;>the .~
tw;el~h~~Inbers~a.llseI'Ve.a~erm.eXPiriI1gthef,irst busi-
NOTARY PUBLIC - MiNNESOTA n~s~~a)T ofJ~uary'~theyear i~oll~~gthe...year ap-
. . MY COMMISSK>N EXPiRES 1-31..09 'B9~t.ed7'~:Allm~ller~~ppoin~dandqtIalified shall serve
untIlthelr~llccessoJ:s qllalify.'
(3}Co~ricilrii~~hJj.;.M~~he'..T~Rtk.'i\i.eifth..Mem~r. The
CouncilDlay appointli1Aemberofth~..Council.toserve on
RATE INFORMATION the Planning G~IIll11iss~o~who shallse],"Ve a term expiring
~:m the first b~smeEi~ aa~of Ja.r:llar.Y'~.th~ yetu' following
the year appomted~,". ........... ...... .... . .... .
Lowest classified rate paid by commercial users $ 2.85 per line .. .; .Secti()n?::'~ectiveD~te.;''I'hi~Oriill;1;anc(;shall heef-
for comparable space IfctI}'etlP~ll::lltsp~sage~dptlll1ication... .;
,. ...,.
fCf"1aximum rate allowed by law $ 6.20 per line Datecl th~14thday()f~~p~~2005.
~!artiliE~Opem~Sr.,' . Mayor
Rate actually charged $ 1.30 per line At/test:;
r~e~:~one'iCii,~:'IT~i ~~,i
(Pu~Iishea...in.theNeivHope~GO!c:l?Tl.'Vall~:YskTi~ Post the
--dayofL,< ...f.. . ... ..i~~~5),;rii
(Feb. 24t2005)p2l0rd~~~~05~O'2'
ORDINANCE NO. 05-03
AN ORDINANCE AMENDING NEW HOPE
CODE SECTION 6-2(a) RELATING TO WEIGHT
AND LOAD LIMITS ON CITY STREETS
The City Council of the City of New Hope ordains:
Section 1. Section 6-2(a) "Weight Limits" of the New Hope City Code is hereby amended to
read as follows:
6-2 (a) "Weight Limits". No vehicle shall be operated upon City streets in violation of Minn.
Stat. 99 169.80 through 169.88. These sections of the Minnesota Statute i11Cludillg allV
subsequent alnend111ents to said statutes are hereby incorporated and adopted as part of the
New Hope City Code by this reference as if said statutes and/or al11endn.1ellts were fully set
out herein.
Section 2. Section 6-2(a)(1) "Seasonal Restrictions" of the New Hope City Code is hereby
amended to read as follows:
6-2(a)(1) "Seasonal Restrictions". 'I:'-Jo \~el1iclc ~hal1 operate ~lpOll 311}' City street bet\'veen
'!\lQfch 20 and :..1ay 15 of any year, v/ith a gross \\~eight in excess of 75 perCc11t of the
lil11itations pro'\~ided in Gub~ection 6 2(a) abo~/e-. Tlle Cit\T Ivla11ager or designee lTI,aV prohilJit
the operation of vehicles upon a11V street or high\vav or inlPose restrictiol1S as to the \veigllt
of ve11icles to be operatccl thereon \v11enever any suell street orhigh\va\l bv reason of
deterioration~ rain'! S110\\: or other clinlatic COl1ditio11S \vi11 be serious1v danlaged or destroyed
unJess the use of such, 'vellicles thereOll is prohibited or th.e pell11issible \veights tl1ereof
reduced. TIle City Nlanager or desigllee shall fol10\v tIle IVlinnesota Dcpartnlellt of
Transportatioll Spring L.oadRestrictiollS (SLR's) for purposes of establishillg the allnual
Sprillg \veight restriction,s on City streets. The Council may alleviate or extend the period of
these seasonal restrictions if, in its opinion, the same is necessary for the protection of the
City streets, by resolution setting therein the period of such extension or alleviation.
Section 3. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 14 day of February
Attest: ;4ftL - _,"}{/ljv7~~
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the ~ day of February ,2005.)
C:\DOCUr-.lE~IS AND SETTfNGS\GJOHNSO!\T\.LOCAL SETTINGS\TEr-.lPORARY fNTER:~ET FILES\OLK4E\99.40119-0RD 05-03 A.lvIEND WEIGHT LIMITS ON CITY STREETS.DOC
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
55.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as Sun-Post I and
has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat 9331 A.02, 9331 A.O?, and other applic-
able laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each
week, for ~ successive week(s); it was first published on Thursday, the ~ day
of February J 2005, and was thereafter printed and published on every Thursday
to and including Thursday, the _ day of ,2005; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abcdefghijk1mnopqrstuvwxyz
BY: r
Subscribed and sworn to or affirmed before me
on this 24th day of Feb ruary . 2005.
1 $ ~
/1/ F / ) ."
I' ~(!~1/C_ C/~
Notary Public" :
-
. MARY ANN CARLSON -
NOTARY PUBlIC - MiNNESOTA
MY COMMISSK>N EXPiRES 1-31..og
j
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.85 per line
for comparable space
\2} Maximum rate allowed by law $ 6.20 per line
(3) Rate actually charged $ 1.30 per line
ORDINANCE NO. 05-04
AN ORDINANCE AMENDING THE NEW HOPE
ZONING CODE REGULATING SIDE YARD SETBACK
REQUIREMENTS FOR LIVING SPACE BUILT OVER
ATTACHED GARAGES IN THE R-l AND R-2 DISTRICTS
The City Council of the City of New Hope ordains:
Section 1. Section 4-5(f)(4) "Setbacks" of the New Hope City Code is hereby amended by
amending subsection 4-5(f)(4)(b) to read as follows:
4-5(f)(4)(b) Ten foot side yard setbacks are required except a five foot side yard setback is
permitted for an attached garage and any livillg space constructed abo\Te the attached garage
footprint.
Section 2. Section 4-6(f)(4) "Setbacks" of the New Hope City Code is hereby amended by
amending subsection 4-6(f)(4)(b) to read as follows:
4-6(f)( 4)(b) Ten foot side yard setbacks are required except a five foot side yard setback is
permitted for an attached garage and any living space constructed above the attaclled garafZe
fOOtprillt.
Section 3. Effective Date. This Ordinance shall be effective .upon its passage and
publication.
Dated the 14th day of March, 2005.
" ... L') \
~'l~.t/b/~
jJj. {t>;,.t iVV' if. ir11v. ..
Martin E. Opem S~ Mayor
h ~
Attest: ...............~ h/U1i ..-. ~j~~J)"Lf
V alerie Leone, 'City ClerIc
(Published in the New Hope-Golden Valley Sun-Post the ~ day of March , 2005.)
P:\A rrOPJ'H:Y\O'iti ORDINA.~CES\99.40 127 -ORD A}"flTh~ SIDE YARD SETBACK REQ.DOC
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
5S.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as Sun-Post , and
has full knowledge of the facts stated below:
(A) The newspaper has complied with aU of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. 9331 A.02, 9331 A.O?, and other applic-
able laws, as amended.
(8) The printed public notice that is attached was published in the newspaper once each
week, for -9.lliL- successive week(s); it was first published on Thursday, the ~ day
of March , 2005, and was thereafter printed and published on every Thursday
to and including Thursday, the _ day of ,2005; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abcdefghijklmnopqrstuvwxyz
'~~m.,~~,,:~~~,t!i
BY: r
Citygi~~~,~~~i,:.,..,;,,;?;'::.;::ii;;..:;:::.,.:::,..."
, ,......,;, (om~i!llP1.1hlication):
t.......:,o@~~~1ti().;9~,
Subscribed and sworn to or affirmed before me ,'AN.'.~it1}~d~;,~iNGTHE'NEW.H(jP~
;ZONlN(lCODEREGtJLATlNGSIDE~
on this 24th day of March ,2005. ~CKREQ~SFQJl;LIVINGS}lA<?E
BUILT.()VER'A'lTAC~GABAG~;~,~i;~~.l
"f'~., ~ a t~ A6'dc.::'i~~~'~~~~<;;"F'
1Jt~~Z:~~~~I;t);~i~lf~;ii~i~~;r=:
/ / /J(/ '1 7 ' i/\./ /~ 'Sectio~'1~'.~cti?g.~95(f)(~)#S~~~acksi;()~~1:w~~Y;~Hope
I L..-/ - Cit:y,C~e.i~.~~reby am~Ilg~~.Qr~~E-clJ~g'~1J?$~FF~On.,4~
Notary Public · ' 5(fJ(4)(b)...to re~.~;...a~.;.;.fo~o~~;:;.;...:. .:::;..::...,.....::..;.:.ii:.........:.;,.:i;,i;;.::......i;:..........\;:;;';;
- 47~~D(4)(.bJ..:.:;..;'JJ~H.;;fo()t.....~;~~~:.)'"~cl:~e~q~~l@.;...~r:~..;...1.:eqriired
~;SeP~...;~.;...~y~.;::.~Q(:)F:9~g~...;~~cl;.~~~~~S~}~::p~~~g.;f{l~.... an
e MARY ANN CARLSON · 'at~~gIieg:;gl11.:.~g~':a~~.:~llv,;...I~v~Il..~.'..s ~..~;~f:!....;;.~.~.~;s:ructed
NOTARY PUBlIC - MINNESOTA ~ "~R!~~;~00i0"J~~;??;,,i;iict~!E
. . . . . MY COMMISSION EXPIRES HlH19 l '$ection:2r~~g~9a1;:?~P(~)~~~~~~~~?9f~;e~e~J1;ope
eity....Go(i~"~.1:1.~~9~.~~~qT~.~~.~~g~~,~~B~~~lOll.4~
~(9(1~\b)..........iT~g.f6'ot......~~g~......~~Cl,~~~R~~~.......~~ reqUired
RATE INFORMATION ~#8ptti'P:y~.fq9t~ig~~~,?e~;R~S!t..~~......~~~~d...fo~ an
at~~B-e~ga1;~gE:(.a.~d~~y..lly~~~.'sB~~~..~~~~~~ucted
(1) Lowest classified rate paid by commercial users $ 2.85 Der line abo~e..th.~....attaclied......~~e.~??tP~n~;...................... ..........;
~..........~.f!~~~~~~p~~~..........~....9I~f1fg~....~~al1.~e.. ef~
for comparable space
Da~dthe.14~.<:la~g~~~~,~?~~;
(2) Maximum rate allowed by law $ 6.20 per line
MartinE~ Qpem Sr, Mayor
(3) Rate actually charged $ 1.30 per line At"~t:....i....................... ..............' ........................,........i.........,'. ............. ..................: .......;........... .;
".v~~~~~~~,~i%5;e=~,:'..:'.'..'
(Published in the'New Hope~Gol~~Jralley$~n~Postthe
~ dayof................ .................................. ..... .......:...."~?~~.);\i........i":'.......
(Mat 24,. 2005)p216rilinM~ O?-O4
ORDINANCE NO. 05-05
AN ORDINANCE AMENDING THE SETBACK REQUIREMENTS
AND SIGN LOCATIONS FOR PERMITTED SIGNS
The City Council of tIle City of New Hope ordains:
Section 1. Section 3-40( c)( 4) "Sign Location" of tIle Ne\v Hope City Code is llereby
amellded to read as follo\vs:
3-40(c)(4) "SigIl Location".
(a) E~(ceptillg gOYCrllll1clltal Si211D, "gar:l2C sale" sign:;"! "opell house" SigJl:;"! "political"
- - - - - ~, ~ .
sign~ al1d '''for sale or renf' SigI1S, nNo Sigtl requirillg a peIl11it sIlall be erected or
telnporarily placed witllin a street right-of-\vay or llpon pllblic lands, easenlents or
rights-of-way. T11e sctbacIc requirclne11t:; for these e~ccnlptcd 8igns are ::;pccificall)T set
Ollt ill SectiOl1D 3 /1 O(t)( 4 )(c) Ul1d (d), 3 '1 O(f)( 5) 811d 3 /10(t)(9) of thi::; Code. Sifrl1s
requirillg a pernlit 11111St be located 011 private propelt\'o Freestandil1g Si211S shall be set
back a l11inill111111 often feet fron1 tIle l1earest lot lille.The setback shalll1e lneasured
fronl th,e lot line to that portioll of the Sig111learest to the lot line. On all corner lots~
Sig}lS reqltiril1g a perl1Tit sllall not be pe1111itted \vitIli1120 feet of an V C0111er fOl1I1ed bv
the illtersection ofnvo streets or tIle rights-of-\VRV of a rail\vav illtersecting a street.
'TIle 20 feet shall be ill the f011ll of an isosceles triallg1e \vitI1 the t\VO eqrtal 20- foot
sides fOfilled bv and llleasured alOllg tIle property lilles alld tIle tllird side fornled bv a
straigIlt line con.nectillg tIle COl11ers of eacll 20-foot POi11t as nleasllred alollS! the
l)ropertv li11es.
(b }:\.ll Sig11::;, exceptillg go've111111cntul ::;ign::;, ioiogarage sale" sign::;, "open hOll~C" signG,
iolopolitical"" sign::; and "for sale or rent" signs shall be located 011 pri"'/ate property.
Frecstandill; si6'11S ::;11[111 be set back a nlillinl11nl often feet [rorTI tIle l1carcst lot lille. "The
sctbacIc shall be Incasured frOll1 tbe lot lille to tllat portion of the ~ign 11carest to the
propertyr lille.
f€-)( b ) Freestalldillg signs 110t requiting a pelTIlit as described ill Sectiol1 3-40(f) of
this Code s11al1 be setback a ,nlinin1l1111 often feet fronl tIle bacl< of the cllrb ul1less a
side\val1( is presellt at tIle sign locatioll" ill \Vl1icIl case tIle SigIl ll1l1st be setback
behilld tIle side\\lalk. 011 all C0111er lots" signs not reqlliring a pel1nit s11allllot be
penl1itted \vithi1120 feet of allY C0111er [onIled bv tIle intersectiol1 oft\vo sh-eets or the
rights-of-\vav of a rail\vav illtersecting a street. TIle 20 feet 511a11 be in tIle forll1 of all
isosceles triallg1e \vith tIle t\:vo equa120 foot sides nleasl1red fron1 tIle back of tIle curb
of the illtersecting streets or rail\vav right-of-\vav and the third side fOll11ed bv a
straight liIle cOIUlectillg tIle C0111ers of eacll 20- foot !JOil1t as l11easnred.
(-€1 011 all corner lots, SigtI~ shall not be pernlitted \vitllil120 feet of all)' corner forl11ed b)f
tIIC inter~cctioll of t\VO ~treets or tile rigl1ts of 'YU)' of a r[1i1\"'./o.:/ il1tcrsecti11g a ::;trcet.
This sllull illclude, but 110t be lill1ited to, those Gign~ refcl1.cd to ill Sectioll 3
40(c)( 4)(a) oftl1is Code. The 20 feet $11[111 be ill the f01111 ora triullg1e \vith t~~\'o sides
[orIlled by tI1C property li11es alld tIle t11ird side [Grilled by a strui.;llt 1ille conllcctirlg
1
tile t\"\'O :20 foot pOilltS 011 caell side of tIle COll1cr. ~^~ SigIl lllQj' be extended iIlto the
triangular area pro",'ided tl1at:
(1) TIle clearance abo"{,'c tile street grade is nlorc tllun cigll! feet.
(2) rIa purt of the ::;ign structure encroaches ill the tliul1gl11ar area at 0.11 elc"{,'ation less t118.n
eigllt feet abo"{,'c street grade.
Section 2. Section 3-40(f)(4)(b) "Directiollal Signs" of tIle Ne\v Hope City Code is hereby
anlended to read as follows:
3-40(f)(4)(b) "Directiollal Signs". Directional signs not exceedillg two square feet in area
sllbiect to tIle setback~ reqllirell1ellts of Sectioll 3-40( c)( 4)(b) of this Code. \vhicll arc placed
entirel:/ upon private propert)' al1d 110t located 011 p~lblic lands, easenlel1t~ or right~ of "f,'\:,ray.
Section 3. Sectiol13-40(f)(4)(c) "Garage Sale Simls" of the Nevv Hope City Code is hereby
amellded to read as follows:
Sectiol1 3-40(f)(4)(c) "Garage Sale Signs". Garage sale SigtlS sllbject to the following:
""l .t\.11 signc sllall be setback: n 1ninil11ul11 often feet [rOITI tl1e back ortlle c~lrb or
.J.
bcllilld all)' c;ci~tillg side\vull~, '\:,Vllicllc'./er is ';TT6atcr.i~Jl Sig11S s11all be setback
in conlpliallce \vith Sectioll 3-40( c )( 4)(b) of tllis Code.
Sectiol14. Sectio11 3-40(f)( 4)( d) "Open House Sim1s" of the New Hope City Code is l1ereby
alnellded by amending subsection 3-40(f)(d)(3) to read as follo\vs:
3-40(f)(4)(d) "Opel1 House Sig11S". Opell11olise SigrlS subject to the follo\villg:
""l All signs sllall be setback in COll1pliallce \vith Section 3-40( c')( 4)(b) of this
.J.
C.ode.a 111i11illl~1l11 of tell feet frOl11 tIle back: ortlle c~lrb or bellind all)' exi~tin;
side'f,'\:;alk, v/hic11cver is greater.
Section 5. Section 3-40(f)(5) "Political SiroIS" of the Ne\v Hope City Code is hereby
amellded to read as follows:
3-40(f)( 5) "Political Signs". Sig;ll~, not exceedillg 32 square feet ill area, displUjrcd 011 private
property~ Political si gJ1S contailling matter Wl1ich is intended or tends to illfluel1ce directly or
illdirectly any voting at any primary, general, mllnicipal, special or school election, iIlcluding
pictllres for announcements relative to candidates or campaign advertising~ sllbiect to the
folloVlillg:. One sign per CUlldidute and iSS~lC per lot i~pe11nittcd ill ::tddition to otller signs 011
pri\'ute property ill all)' ZOllillg distlict. III state gellerul elections, 110 person ~hall perIl1i! or
ullo'f,y 011)' suell sign to be Pllblicl:/ displayed or posted before /\_Ug~lst 1 or tell day.~ aftcr the
state gC11eral election to 'tvhicl1 tIle Sigll relates. III special elcctioll~, the dllratioI1allinlit shall
be 90 c1a)-'s before and tCll du)~s after tIle special election to 'tvhicll tile sign relates. .tAl-Il)' sign
pC11nitted by' tlli~ section 1118.)' be ~iscd as a 11011C0111111crcial Opillioll SibYll.
(a) 110 si g}1 shall exceed 32 sqllare feet it1 area..
2
(b) all signs sllall be setback in COlllpliallce \vitll Section 3-40(c)( 4)(b) of this Code.
(c) Olle Sigll per candidate alld isslle per lot is pe1111.itted ill additiol1 to oth.er signs on
private property ill all\' ZOlling district
( d) III state gelleral electiollS.. 110 person. shall perll1it or allo\\' all\' slleIl sign to be
publiclv displayed or posted before i\Ugllst 1 or tell days after tIle state gelleral
election to \vhich tile sign relates. In special elections"! tIle duratiollallil11it shall
be 90 davs before and tell days after tIle special election to \:vhiell tIle sign relates..
(e) Any sign pernlitted bv this sectioll111av be llsed as a llo11conllnercial Opillioll sign..
(f) In state gelleral electiol1 years Glllv.. tile size and llluuber regulations set Ollt in (a)
al1d ( c) abo\te shallllot applY bllt sllall be gO\!ellled instead bv tIle regulations set
forth. in Tvlillll. Stat. ~211B.045.
Section 6. Sectioll 3-40( a)( 4) "Si gn Location" of the New Hope City Code is hereby repealed
ill its entirety. Section 3-40(a)(4) was a typographical error amellded alld corrected by adoption of
Section 1 of the herein Ordinallce.
Section 7. SeetiO!l 3-40( f)( 4 )( e) "Violations" of the New Hope City Code is hereby deleted in
its entirety.
Seetioll 8. SeetiO!l 3-40(f)(11) "Violations" of the New Hope City Code is hereby added to
read as follows:
3-40( f)( 11) ~'Violations". Anv v~iolatioll of this seetioll shall be apettv Inisdell1eallor"!
Pllllisllable bv a 11laxill1ulll fine of $300.00. Persolls violatill2: tllis section lllav be filled ill
additiol1 to otller penalties for Code v"iolatiol1s allovved by this Code. ~AI1\! sign ill v~iolatioll of
t11is Section Dlav be sllbiect to ilTIJ11ediate reluoval bv tIle eit\! \vitllol1tnotiee to the proper1:"
o\vner or O\Vl1er of the sign if different tIlall tIle property Q\Vller.
Sectioll 9. Effective Date. Illis Ordinallce shall be effective Up011 its passage and
Pllblicatiol1.
Dated tIle 28t11 day of MarcIl, 2005.
Attest: ~ ~AA'L (;:{ZlYlt-
Valerie Leolle, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the 6th day of Apri 1 , 2005.)
P:\>\ TTORJ\E't'\CNH ORDINANCES\99.40 130.002-0RD A~lEND SETBACK REQ.D3.DOC
'""l
;)
CI'~~. ~OTICES
.,..:.~.
- -- ~. -
-
_ _ = --== 1l1innce \vith Section :~-40(cH4j(bl ofthi~ Codp.
newspapers ~ection 4, Section :~-40(fH4 l\d l-Onen Hou~(' Sirrns',' of
llw New I-lope City Code is herebY.aIllended by amendll1g
AFFIDAVIT OF PUBLICATION ~ub~,'ction ;3-4o(r)ld){:~) to read a~ foUow~:
:;-40( fH 4 \I d) -OPPI1 Hou~p Si!!n~.- Opl'n hOll~(, ~ign~
~uhjpct to tiw f{)llowing:
STATE OF MINNESOTA) . . ." .'
.", .\ II ~ign~ ~hall bt' ~l'tback II1 ~o~n Db ant~: \.. It I~ SPl,tl on
58. ~\~.~n\i.\)~~~ ll"\~ I:~~:' t!1~~h(:~~~I{;~I~ .i~;~(:~'",:''''' .:): ::~::~ .:: .~~" .:.~.!~~':
"~::.~:,'" ::: ;:' .1:, r.
COUNTY OF HENNEPIN)
Richard Hendrickson) being duly sworn on an oath states or affirms, that he is the Chief Fi.. ...>
nancial Officer of the newspaper known as Sun-Post , and
has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. 9331 A.02, 9331A.07, and other applic-
able laws, as amended.
(8) The printed public notice that is attached was published in the newspaper once each .....
week for one successive week(s)' it was first published on Thursday the 7 day '-i..L,,,.!l;l ~i,~n :-:hall pxcppd :tZ ~(_ll.lart' 1'1'('1 .i.n :~n'a.."_ '" ,.' )
, -, '-, b' ,ill ~l,rn;, ~ha!l h(' ~('t back In CO!lln!J.lllc t' \\ Ith ~~ ((!(If.
. :;--WIl'H.! il 11, (lrthi~ Cndp. ,
of AOrll , 2005, and was thereafter printed and published on every Thursday ~_ t;,W ~icrn Her calldida1~' and i:-:~ll~' IH'!" IOl i:, ~H':.:ll1~Hld.
in add ition to 01 l1('r ~I~n~ on nn,,'a Lt, 01'0IHoI t \ 111 ,lI1\
t d. I d' Th d th d f 2005' d . t d b I' z\)ninrr di~tri('t. .
o an Inc U Ing urs ay, e _ ay 0 "an pnn e e ow IS l d J T;\ ~tatp <"pnera! p!pction=-. no lH'l":-:on :,hall !)pnnlt or
;lllow an\' .:'uch f'irrn to bp nuhlich' di:,nlavpd or 1)O;O:lPc!
a copy of the lower case alphabet from A to Z both inclusive which is hereby acknowl.. hf'f'Ol"P :\uo'u~t 1 or ten dav~ aft!'!" tilt' ~~att' gp(:f'ral
,) pjection to which the sirrn relate.::;, In :;necwl electiOn:::.
. .. . . . . . 1 he d urational limit shall he 90 cIav::::. before a.nd ten
edged as being the size and kind of type used In the composition and publication of the eLlV5 after the snecial election to which the SIrrI1 re-
lates. I
notice' (e) Anv sian ne~mitte? .hv t~is section mav be usee as a
. noncommercIal ammon SHm. .
I n In state rreneral election veal's cnlv. the Size and num~
- bel' rerrulations set Qut in la) and tel above shall. not
annlv but ::;hall be !!overned in~tead bv the rerrulatlOl1s
set forth in !\Hnn. Stat. ~211B.045.
Section 6. Section 3-40taH41 "Si(Tn Location.. of the
New Hope City Code is hereby r,epealecl in its entirety. Se~-
tion 3-40t a H4 J \vas a typographIcal error ar~ende~ and COt-
BY: rected by adoption of Section 1 of the herem OrdlOance.
Section 7. Section 3-401 fll 411 e I "Viola tions" of the New
Hope City Code is hereby deleted in its entirety.
Section 8. Section 3-40tfH 111 "'Violations" of the Ne\v
Hope City Code is hereby added to read as follO\\'s:
Subscribed and sworn to or affirmed before me 3-401 fit 111 "Vi?lations." Anv v.iolation o~ thi~ ~~ction
~hall be a oettv mIsdemeanor nllOl~hnbl~ in a maxunum
.' fine of8300.00. Persons violating thIS sec~lOn ~1av be fmed
on thiS ~ day of Apnl , 2005. in addition to other nenalties for Code \:lOlatlO.n::- allowed
bv this Code. Anv sirrn in violation of th.IS Se~tlOn mav.he
/1 4" /7 ~ 5ubiect to immediate removal bv the 01t~ WI.thout notIce
l L1/ 1// / / ~ to the orooertv owner or owner of the Slrrn if different than
if l /-/ . 1'1 .A ( ./?; J ,/'7~, the oronertv owner.
/1 l,,-t..{."&;l , ' c...---v'" L J,.. V'":.._./' -,~" . .
~ --. I - Section 9. Effective Date. ThIS Ordmance shall be l'f-
Notary Public fective upon its passage and publication.
Dated the ~8th day of l\larch. 2005.
. l\lartin E. Opem S1'.. I\la~'or
:\tte:::t: ,
Valerie Leone. City Clerk
\Publi~hed in the Nell' llopc.Goldcll Valley Sun-Post the
day of' __"'~_____ _ . 200:).'
u\pr. 7. 200E) lp2/0rdinance 0;;-05
(1) Lowest classified rate paid by commercial us,
for comparable space
(2) Maximum rate allowed by law
(3) Rate actually charged
ORDINANCE NO. 05-06
AN ORDINANCE AlVIENDING SETBACK AND PLACEMENT
REGULATIONS FOR ACCESSORY ANTENNAS
TIle City COllllCil of tIle City of New Hope ordains:
Section 1. Section 4-3(b)( 6)(h) "Accessorv A11temlas" of tIle New Hope City Code is l1ereby
anlended to read as follo\vs:
4-3(b)(6)(11) "AcceSSOI-V Antemlas". Accessory antelmas sIlall be linlited to radio alld
televisioll receivillg antemlas, satellite dishes, TVROs, sIlort-\Vave dispatcIullg alltel1l1aS alld
all1atellr sllort-wave radio trallsnlittillg alld receivil1g antel1l1as. Accessory antemlas tllat are
accessory to tIle prillcipalllse of property arepenllitted accessory uses ill all ZOllillg districts
provided tIley nleet tIle follo\villg conditiollS:
1. Heigllt. A grOUlld lTIOl111ted accessory antemla sIlall 110t exceed 20 feet in
l1eigIlt fronl ground level. TIle heigIlt of all accessory alltel1l1a attacIled to all
alltelllla support strllctllre l1lay 110t exceed five feet above tIle peak of tIle roof
of tIle prillcipal bllildi1lg. Atl accessory a11temla ill excess of tIle
aforellle11tiolled lleigllt stalldards lnay be allo\ved by COllditiollalllse pennit.
2. Yards. Accessory alltellllaS f!reater than Olle llleter ill dianleter sllallllot be
located ,vithill tIle required front yard setback or side yard setback abuttillg a
street;;;, e~~cept for \vall nl01111ted alltemlas less tl1[111 21 i11cIles ill dinlCllsiol1,
\\ralllll01111ted to u prillcipal buiIdillg and tIle setback: e1lcroacmllellt docs 110t
e~(ceed nyo feet.
"") Roofs. If vegetatioll or obstrllctiollS il1terfere "vitIl satellite signals at a
.).
locatioll in allY allo\vable placell1ellt area, the accessory alltel1l1a l11ay be
placed 011 the roof of allY autllorized structllre 011 tile prell1ises.
4. Setbacks. Accessory antel1l1aS greater than one nleter ill diameter sllall not be
located \vitIlill five feet of allY lot litles of adjoilli11g lots or \vitlli11 a drainage
or lltility easel11ellt. TIle cost to reoair or reolace any ante11lla Olle l11eter or
less located ill a Dllblic easelnellt inadvertelltlv dallla2ed bv or rell10ved bv the
City llecessitated bv 111ailltellallce.. c011struction or reoair of tile easell1ellt or
illfrastnlctllre located on.. over or HIlder tile easelnel1t sIlall be borne bv the
O\Vller of the alltelll1a or the O\V1ler or occuoallt of tIle orooertv served bv the
al1tenlla.
1
Sectiol1 2. Effective Date. This Ordinal1ce shall be effective UpOl1 its passage and
pllblieatio11.
Dated tI1e 14th day of Marel1, 2005.
~./\.:..-
'- r., Mayor
J ~
Attest: l22futfi~.. . orU
Valerie Leol1e, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the ~ day of March ,2005.)
P:\ATTOR~EY',C~H ORDINANCES\99.40133-0RO A}.lEND SETBACK REG FOR ACCESSORY ANTE~NAS.DOC
2
CII.:;:::::.::;:::::::IU.::::::::::;
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newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
55.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as Sun-Post t and
has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. 9331 A.02, 9331 A.O?, and other applic-
able laws, as amended.
(8) The printed public notice that is attached was published in the newspaper once each
week, for ~ successive week(s); it was first published on Thursday, the ~ day
of March 1 2005, and was thereafter printed and published on every Thursday
to and including Thursday, the _ day of , 2005; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abcdefghijklmnopqrstuvwxyz
BY: ('
Subscribed and sworn to or affirmed before me
on this 24th day of March , 2005.
,/) /1 /1 M <,'
/1// ,~/ ;' j
/1/ d /j v,.., ,~
f !~U Jt!lf/!/t---- (/J~
Notary Public ( ---
e MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
- -. . MY COMMISSION EXPIRES 1-3H19 ,
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.85 per line
for comparable space
(2) Maximum rate allowed by law $ 6.20 per line
(3) Rate actually charged $ 1.30 oer line
ORDINANCE NO. 05-07
AN ORDINANCE AMENDING NEW HOPE CODE
~ 4-30(c)(II) AND (12) REGARDING CITY COUNCIL
ACTION ON PLANNING APPLICATIONS
The City Council of tIle City of Ne\v Hope ordains:
Section 1. Section 4-30(c)(11) "Council Review" of the New Hope City Code is hereby
amended to read as follows:
(11) Council revielV. The City Council sllall act llpon an application after it has received the
report and reconmlendation frOlll the PlaIll1ing COllllllissiol1 and the City Staff. A response
shall be provided witllin 12060 days from tile date a cOlllpleted application is submitted for
consideratiol1. This tinle li1nit autoDlaticall:.r illC011)Orates the 60 da~/ exte11sion to the
f@5-j3GH&€-fl.ga4+H3:e-sgt~~n-/~s re9_~ir~__~)'LMilU1. Stat. S 15.99, wBtb-J.fg-}-+!he ~iLY
COllncil nlay request a 60 day extension i-sifllecessary to provide adequate time for public
hearings and appropriate desigIl and environmental review. .\.11 app1icatiollS \vill req~....ire the
a~~@~-t-tL1is 1.10 days tilneline for Gi-tJL.G-GHHcil actiGfh-If, UpOll receiving tile
reports and recommendations of the Plalming Commission alld City Manager, the City
Council desires further consideratioll, or finds that inconsistencies exist in the review
process, data submitted or reconnnellded action, the City COllncil may, before taking final
action, refer the matter back to the Planning Commission with a statement detailing the
reasons for referral. TIlis procedllre shall be follo\ved only one tinle on an application, except
for a good cause. The COllllCil nlay refer an applicatioll back to the Planning Comnlission ifit
detenl1ines that cllallges ill the application after Plannillg Conunissioll recomlnendation
require such action, or SllCll referralll1ay be waived by the council.
Section 2. Section 4-30(c)(12) "COUllCil Action" of tile New Hope City Code is hereby
amellded to read as follows:
(12) Council action. Upon receiving tIle report and recommendation of tIle Planning
Commissioll and the City Manager, tIle City Council may, at its option set and hold a public
hearing if deemed necessary and sIlalllnake filldings of fact and impose allY condition 011
approval \vllich it COl1siders necessary to protect tIle public llealth, safety and welfare, and
sIlall make its decisioll as to tIle application.LTnless 3 lOllger period of til11C is approved ill
wBtffig by---tH@--aW+i-GafH,---B~ity G~.ouncil action will occur \vithill b1G-60 days after
submission by the applicant of a conlpleted application required as pro,~riclecl by section 4-
30( G~(2) of this Code unless a 60 day extension is requested by the Cit)l COUllC.il or a lO11ger
pe~od o(tinlejs reg!~ste~_~~jhe ~plic~n~.~raiv~ the ~ple deadlines of this section and
~!inIJ.~..$ t ~'__~ 1 5 .9_2. .
Sectioll 3. Effective Date. This Ordinance silall be effective upon its passage alld
publication.
1
Dated the 28th day ofNovenlber, 2005.
f~ ~~
.~A ~,~- -.~.. ~
Marti E. Opem st., Mayor
Attest: k~~
Valerie Leone, City Clerk
(Published in tIle New Hope-Golden Valley SUll-Post the 8thdayof December ,2005.)
P:\A TIORNEY\CNH ORDINANCES\99.80507-0RD 05-07 AivlEND CODE RE COUNCIL ACTION OR APPS.DOC
2
CIIIU
~~:: ~ :;:::::: ::;:: ::~::; ::: ::.:~;.
- -- ~::~~-
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newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
55.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as Sun-Post ,
and has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. 9331 A.02, 9331 A.O?, and other applic-
able laws, as amended.
(8) The printed public notice that is attached was published in the newspaper once each
week, for ~ successive week(s); it was first published on Thursday, the -L day
of December , 2005, and was thereafter printed and published on every Thursday
to and including Thursday, the _ day of , 2005; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abed efg h ij kl mnopqrstuvwxyz
,
BY:
Subscribed and sworn to or affirmed before me
on th is ~ day of December , 2005.
~ k/L-
e MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1-31..Q9
J.
~
RATE INFORMATION
(1) Lowest classified rate paid by commercial users S 2.85 Der line
for comparable space
(2) Maximum rate allowed by law $ 6.20 oef line
(3) Rate actually charged $ 1.30 per line
ORDINANCE NO. 05 - 08
AN ORDINANCE AMENDING NEW HOPE CODE SECTION 6-7
REGULATING PERMITS REQUIRED
FOR STREET EXCA V ATION AND
DRIVEWAY REPAIR
Tlle City COUllCil of the City of New Hope ordaills:
SectiO!l 1. Sectioll 6-7(a) "Excavation PelTIlit" of the New Hope City Code is llereby
aIllended to read as follows:
Section 6-7(a) "Street Excavation alld Dli\re\vav Permit"
(1) Pennit Required. It sllall be llnla\vful for any person, otller than authorized city
enlployees to dig up, break, excavate, tUlll1el, drill, bore, llndermine or in any Inalmer break
up or ill allY l11anner disturb any street or publicright-of-\vav or to make or calIse to be Illade
any excavatioll in or llnder the surface of allY street or pllblic ri211t-of-\vav, or to place,
deposit or leave llpon allY street or pllblic rigllt-of-\vav any eartIl or excavated lnaterial
obstructillg or tendillg to illterfere witll tIle free use of the street or public. right-of-\'/av llnless
suell persall shall first have obtailled all excavatioll pennit therefor fi~oln tIle CllgillcerCitv as
llerein provided.
(2) Exceptioll. A pe1111it is not reqllired for the follo\vin,; cxccptiolls.Thesc c;~CCptiOllS do
110t relieve the propert)r OV./l1er Fran} full)r c0I11pl)Ti1lg ~~'f/ith ~11 pro'(~Tision~ oftl1is Code relatillg
to drivc\yuy use and COllstruc-tioll Ulld city bOtlle"~'ards. for gardening.. sodding or tree planting
otllef\vise allo\ved in tile boulevard area adiace11t to the paved portioll of tile public streets or
for gardellillg or soddillg ill areas \vhere tIle easelnent is for lltlder2TOulld pllrposes. Trees
alld SllfUbber\' al1d allY structures placed ill the bOlllevard or l)llblic rigllt-of-\vav bv tIle
IJropertv O\Vller are perll1itted solely at tIle City's discretiol1 alld sllall be relll0\led prOlllptlv
bv the O\Vller at 11is cost llpOll a filldingby the City I:vIal1ager or I:vlallager'S designee tllat the
existellce of suell ellcroacll111entllpoll tIle boulevard or Pltblic rigllt-of-\vav COllstitlltes a
safety l1azard or ill any \vav is detliIllelltal to the Citv's illterests. SItch filldillg 11lav be
appealed to tIle City COU11Cil bv an aggrie\led property O\Vller.
a. N a perll1it is required of tIle O\\'llcr for 3ardcllin;, soddillg or tree plullting
otllcr't;vise allo"t~'f~Ted ill tbe bOllle\Tard area adj acent to the pu"',:cd pOliioll of the public
streets or for gardenillg ar sodding in areas \Vllere tIle eaSellJent i~ for ullderground
purposc~.Trce:::; GIld shrubbery Ulld allY structl~re:::; placed in the boalc",~Turd by the
propert~/ O~tvner are perlllitted at sllffer:ll1ce onl)T, GIld ~h[lll be renJoved prOllJptly by
the O\~/ller at l1is cost UpOlJ a filldil1g bJ' tile departll1ellt ofprotecti"'/8 illspectiollS that
tIle e;cistcllce of suell cllCrOucl1l11cllt ~lp011 tIle bOGle"~Tard COllstitLlte~ a ~:lfety l1azurd.
SliCh findilig lna)~ be appealed to the cit), l11Qlluger a11d to the COUllCiL in that orde~~, b)'
an aggrieved property o't~Yner.
1
(3) ~ Drive\vav Repair/Replace111ent Pen11it. ~A permit is required of the O\\'11Cr
for allV driveway replacement or repair that doesn,ot illvolve~ allY of the following
actio.l1s in the boulevard area~ ill the l)tlblic ri~h.t-of-\vav or exclllsivelv on l)rivate
propelt'l:
1. Enlargelnellt or reduction of the driveway area;
2. Any relocation of the driveway from its existing location;
3. Any cllaJlge to tIle drive\vay grade;
4. Any repair to.. alteration of or change of the driveway curb, gutter or
apron.
Section 2. Section 14-6(3) "Street Excavation Permit Fee" of the New Hope City Code is
hereby anlended to read as follows:
14-6(3) "Street Excavation al1d .Drive\vav Permit Fee". The fee amoullt for a street
excavatioll or dri ve\\/a v permit as reqllired by subsectioll 6- 7 (6E!) is S 5 O. 00 afteras follo\vs~
subiect to approval of penn it application by City Engineer-;~
a. $50.00 if allY repair~ alteratioll or ellallge is llecessarv to tIle clIrb cut \vitllil1
tllebollle\tard.
b. $25.00 if DIllv drive\vav replaceIl1eIlt is necessary \vith 110 curb Cllt "vark.
Sectioll 3. Effective Date. TIns Ordinance shall be effective UpOll its passage and
publicatioll.
Dated tIle 28th day of March, 2005.
,;j!/ - A._/'
Attest: IUi j/ /"j ."' ,l!lf))LZ-,
j .L'i__",L.' {/ 'j[
Valerie Leolle, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the 6th day of April, 2005.)
P;\A TTORJ\"E Y"\CNH ORDINANCES\99 .40 134-0RD AMEND DRIVEWA Y PER...'...lITS-D3. DOC
2
City of New Hope
(Official Publication)
ORDIN..ANCE NO. 05 . 08
l\j.~ ORDINA,,~CE Al\IENDING NE\V HOPE CODE
SECTION 6.7
REGUk\TINGPEfu'TITSREQUTRED
FOR STREET EXCAVATION i\1'H)
_ _ - _ DRIVEWAY REPAIR
newspapers Tlw City Council ol'tl1<' City of New Hop" ordain"
AFFIDAVIT OF PUBLICATION 'spclion 1. Section G-7\a'i "Exeav~ltion Pr'rmit-' of tilt'
. . N"w Hopp City Code is hereby ,unended to read as foliow::-:
Sf'ction G-7\:11 "Stn'pL Excavation and Drivpway P('rmi\"
STATE OF MINNESOTA) . .' .. ,.1' ',. _ . .,'
1 1\'f111Il HHluln'd, It shall be unla\dul to! ,111_\ ptlSUI1.
oth(>r than authorized city employees to dig up. brpak. ex-
SS. C,;v;lte. tUl1lwl. drill. bore. undermine or in an:--' nwnnr:r
[:>],f'ak UJl i!Lin any manner disturh any street or nubile
COUNTY OF HENNEPIN) ri,~Tht-of-\V,lV or to make ~)r ca~se lobe. made any YXC?';"';I.
lion in or under the surface of any street or Dubhe rWlh~
. , . .. ,. Qt~!.ll. or tfl place. deposit or leave upon any s~reet IH' nub-
Richard Hendnckson, being duly sworn on an oath states or affirms, that he IS the Chief FI" LL~" ri!!ht-of..w;lV any earth or excava.tl'd matel:wl obstruct-
ing or tending to interfere with tht: free LISt' of ~the street UI
. I Off' f h S P t d il'.lblie ri(Tht-of~wav unless such person shall hrst ha\:e ob~
nancla leef 0 t e newspaper known as un.. os J an l:;ined nn excavation pennit tl1Prefor from the ~.__;..::-~':
('its :IS herein provided.
has full knowledge of the facts stated below: , -. . , ." _ ,_. _ _ _ '. _ I.... d __ I', 11 m. _,~
, 2iI'~xepntlOn.j\pel 1111 t!:::. not tequued_ - H ~.... ,,: __L "~e
(A) The newspaper has complied with all of the requirements constituting qualification as a:.::::~_:I~:>t~~~.~ ~~~~~~:~CJ~'-"I~tt:~':H-::~~(J~:~~-~..:~~.::~::~~~.:}:;~'~:.:!:~:'_~l~~:,:}c.
. . .. _ . .. ~~~:i~l~~:~\:~\'~~~i~~~ ;~~~l(ti~~ oel:;~~:~~~'~~f,~~.ti~~;~~I~~~~vl~~~)l\-
qualified newspaper, as provided by Minn. Stat. 9331 A.02, 9331 A.O?, and other appllc ),:.\\'cd in thr' boulevard area adiacent to the oaved nortlon
of the nublie streets or for rrardeninfT or soddinrr in areas
able laws, as amended. ~'.'here the easement is for under~round t:lUrooses. Trees
;:u1d shrubbery and an\' structures olaced In the boulevard
. ... ., . or nublic ri!!ht-of-wav bv the nronertv owner are nermit-
(8) The printed public notice that IS attached was published In the newspaper once each lNI sole!v at the Citv's discretion and shall he removed
nromntl\' bv the o\\'ner at his cost unon a findinrr bv the
week. for ~ successive week(s); it was first published on Thursday, the ~ day Cit\' l\Iana!!er or Mana!:!er's desirrne.~' :hat:Y1f> e~~s:,encp oE
sllch encroachment unon the boulehlJ d 01 nubhc ll!!ht-of
. .. '\'iay constitutes a safetv hazard or in any wav is detri-
of April J 2005, and was thereafter printed and published on every Thursday mental to the Citv's interesL<::. Such findinrr Illa\' be Cln-
tJ'~aled to the eit\' Council bv an arrErieved nrQoertv owner.,',
to and including Thursday. the _ day of , 2005; and printed below is L.. ~r3 ~eL.l~. i: + HIH~re8 sf ..~.. 5' ....e :'c. b::rd.eU:::~'
8CE'R S'. ee fl'fm.iB. 8:~.c. '.:!? {~~:[J 'L.S L ::.[
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl.. ts ~:~ .;.:g.. ;~~. ag)L:~;.... :::>:8 i~::c t3~ce@ fJ~:~S: 0:'Y:~
pH:iGLc ::rreL: @, ~a: :::>R. SC..L"" 81 _SE3I:'l:::> ... ... f._
. " . . . . . '~,e. t: :'~e E[LeR.L.~ i: r!':ll 1:1..8 e. ~l S t.. f! I~ ~. P :1':C::::.
edged as being the size and kind of type used In the compOSition and publication of the '!'fec e...8 :hnIl3se:.; aRa aR,::. :_le:~rL t3;:.eca L .~ z
O@d:e -L :s \.3; .1.[ 13- 8fle~ ". S 'I.E. :::.:: pe:..'.l::e:l ... :1:1:
notice. :e:HR~C 8R~:" UBB =~1f:l:1 Ge . ~..:8 -e(! pr8fq::~..- G,: ::.c
. 8 '. C1 Ht ~..: es:: MfJ8B a t1..a.::;:> B.' :~e SCpt.:::w:..' sf
IL s':.cet: -e :R:f.lee:i8R- tLo" "1.c e.+i:tELEe sl" =lle~, f..
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BY: ~
*~:<~ 2 !:- :: :-.: :1 J. c:: '; - '. tL:.. ~ ::.... I'd e;; ::;: ':.: ':. ..:.:: n ::~. :':: ::'
" ~:'.:.<'-' ~[~: ;' :1,: :\,::.' '.[~ :....:7. ':1: :'::.. I:; :1, .:!) I,: :>1 :L.:~ l~::. : ~: L [:,:.::',;"'-.:':1
SubSCribed and sworn to or affirmed before me ,.,.,2, ,..". ." _..,.'......... _h __.... '.. ,._, .... ..,.,,.,. H ,.,
~;~....::.,.. '.:C.'.
on this ~ day of April , 2005. til~Xh'i\':P\vnv Hpfl;lirlkeolacPlllPI1L Pt'rllliL ~~J)('rlllit
is rc'qu:red ::' :::' '";:::. for ;lIW drivpway n'plau'nlptlt flr
"f'l/7 ,,' .'"" i /2/"'."" " a" /,c2.'.' , :',{'l.,'~~ir ,dl;lt.~ in',:oln':;: urthe lidlrl\'.'ing
I y! . J! ;' ..1 In Ill(- iAH1\(.\'anl
! /J:i I 1/\ ' .I /' J. //L-.si\,p!\.;;n Ilri\.atl' Il!'OIH'rt\':
U'~'1./&7 G-1t.i~ I~^.. _mm._______ ",",--...---. -.'""--'--.-...---"-.
Nt' P 161' I 1 EIlLll':';f'llll'Dl (w n-ductlull ul'tlw
o ary U IC Any 1';,jnC:liion oCiht; dri\'t"S;lY Crotll its
c:lliolJ:
-".,. An\' Cll:lll:";/' tu till' dri\.f.w;n. :.!!',Idt,;
. .. " !\n~' n,p:"!i!.,."t(,..'~,tI,t.,,f'I.',.;,l,t,i,l,l!i 0.(0;' dUll:..:t' oftl\(, dri'.'f'-
MARY ANN CARLSON \'.':t,\' CUrll. L.:utU'r l!f ,lpron,
NOTARY PUBLIC-MINNESOTA ~t-i'tjq!! I,i-li:;;;
MY COMMISSION EXPIRES 1--31-09 ! Ill!l(' ('it.\. ('(Hi/'
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.85 per line Th.is ().nlinalHT sll::!! Ill' pt-
for comparable space puLdlC<ill(lIL
Lblf.<i tlw ~hlh d:IY fir i\Lil'ch. ~OO;-l.
(2) Maximum rate allowed by law $ 6.20 Der line
i\Ltnin E. ()pP!11. Sr.. i\layor
At It'st:
(3) Rate actually charged $ 1.30 per line V:dl'ril' LhllW. ('ity Clerk
iI)ubli::-hpd ill th" ;\'('11" //(!;w-(i()/(/cn Vo//n SUI/.flust tIlt'
day oi' .. :lll!I;)..) .
i. i\ 1lJ'. -;. 200;) I p2/0 I'd in a 11 (,P O;j .o.s
ORDINANCE NO. 05-09
AN ORDINANCE RECODIFYING CHAPTER 7 ANIMALS
AND AMENDING SECTION 14-7 RELATING TO
LICENSE FEES OF THE NEW HOPE CITY CODE
The City Council of the City of New Hope ordains:
Section 1. Chapter 7 " Animals" of the New Hope City Code is hereby recodified to read as
follows:
Sec. 7-1. Purpose.
The purpose of this chapter is to establish regulations governing the o\vnership and
control of dogs and other animals in the city, in order to protect the public and the animals
themselves, and to promote the public health, safety and \velfare.
Sec. 7-2. Control of dogs and other animals.
The following provisions shall regulate the ownership and control of dogs and other
animals.
(1) License} registration and vaccination.
a. Licenses required. All dogs~ cats and ferrets kept, harbored or maintained
by their owners in the city shall be licensed and registered if over six months of
age. Anv dog detel1nined by the City's .l.t\nitnal Control Ofticer to be a
~'Dal1gerous Dog~' or a ~'Potentiallv Dangerous DOQ:" as those tel111S are defined
bv Minn. Stat. &347.50 (2005) shall register said dogs \vith the i-\nil11al Control
Officer in ac.cordance \vith rvIilID. Stat. ~34 7.51. The requirements to keep a
DanQerous D02: or a Potentially Dang:erous DOQ: as set out il1 :Nlinn. Stat.
Q~347.50 throu~h 347.55 shall apply in addition to and not in exclusion of the
other require111ents to keep and maintain animals \vithill the Citv. In the event of
any inconsistency bet\veen 11ilill. Stat. &~347.50 throuQ:h 347.55 and the
provisions of this Code as it relates to the regulation of Dangerous Dogs or
Potentiallv Dangerous Dogs~ the ill0st stringent regulation shall apply.
b. Rabies vaccination required. All licensed dogs, cats and fen4cts must
have a current rabies vaccination during the entire license period. To obtain a dog
license a certificate from a duly licensed veterinarian shall be provided sho\ving
that the animalOOg proposed to be licensed has been given a vaccination for
protection against rabies, approved by the city clerk, in compliance \vith the
standards for rabies vaccinations. If the application for a OOg-license is by mail,
the applicant shall include a copy of the current vaccination certificate \vith the
application. No deg-license shall be issued unless the current vaccination
certificate shows the vaccination shall be effective at least until June 30 of the
license year. Each deg-license application shall also include a certification by the
applicant that the applicant will have the 6eganimal revaccinated if necessary so
it the dog will remain currently vaccinated during the entire license period.
c. License and fees. Alllicenses shall expire on December 31 of each year.
The fees for licensing and registration of dogs are prescribed by chapter 14. C'ats
and ferrets l11av be declared aindoor onlv"': by their o\vners at the time of licensing
and vlill receive their license at no charge. Ho\vever. jf an ~kindoor 011lv" aninlal
is latcr i1111JOunded~ the o\vner \vill be required to pay all previously \vaived
license fees and the ill1pounded animal \vill nermanentlv lose its ~~indoor onlv~"
status for future license fees.
d. Certified Assistance /\.nln1als. licenses for the blind. :Q.eg-1Jicenses for
certified assistance animals shall be issued free of charge. '-[his section shan
;112plv to allV vvorking: allinlals tTained to Rerf~)lm tasks t~ple \vith
dlsabilities& including but not lin1.1ted to~ guiding 'People \"vho are blind, alerting
people \vho are deaf pulling \vlicel chairs or alerting: or protectinf! peoDle havinrr
a seizure. as to dogs trail1ed to assist blind persons aIld actually u:;ed by blind
persons for the p:lI-pose of aiding then1 in going from place to place.
e. Transfer of Eleg-ownership. Upon the sale or transfer of any licensed
anilnaldeg to a new owner, the licenses and registration issued by the city of
Nflew Hhope shall be void, and if the anin1aldeg remains in the city, a ne\v
license and registration must be obtained. License;Qeg tags shall not be
transferable from one animaldeg to another, and no refunds shall be made on any
deg license fee because of death of the deganimal or the owners leaving the city
before expiration of the license.
(2) Tag and collar.
a. Tag issuance and \vearing. Upon payment of the license fee, the clerk
shall provide and furnish for each licensed dog~ cat or felTet a metallic tag upon
which there shall be stamped or engraved the registered number of the
anin1aldeg, the \vords "Ne\v Hope", the year and month at the end of \vhich
period the license expires. The month shall be designated with arabic numerals.
Every o\vner shall be required to provide each animaldeg \vith a collar to \vhich
the license tag must be affixed, and shall see that the collar and tag are constantly
worn.
b. Lost tags. In case a 6eg-tag is lost or destroyed, a duplicate or new tag
\vill be issued by the clerk upon proof that such animaldeg was licensed, and the
payment of the fee prescribed in chapter 14.
(3) Nuisances and running at large.
a. Nuisance animals. Animals shall be maintained and handled in such a
manner as to prevent their becoming a nuisance or a threat to health and safety.
b. Responsibility of owners, loose animals. No owner or keeper of animals
shall permit such animal to run at large ,vithin the limits of the city other than on
premises owned or rented by the ovmer, or with the permission of the owner, in
accordance with the provisions regarding confinement and control, below.
c. Responsibility of guests loose animals. No person who is a guest of a
resident in the city shall permit his animal to run at large, other than on the
premises owned or occupied by his host, or with the permission of the owner, in
accordance with the provisions regarding confinement and control, below.
2
d. Noisy animals. No owner of an animal shall permit barking, howling or
other noises that disturb the peace and quiet of the neighborhood.
e. Animal wastes. No owner of an animal shall permit the deposit of animal
excrement on public property or the property of others, nor to accumulate on his
own or rented property, as otherwise provided herein. The public streets and the
adjacent boulevards as \vell as parks are public property and within the scope of
this subsection and any deposit of excrement by animals, even if accidental, shall
be the responsibility of the owner or caretaker of the animal to immediately
remove and deposit.:. in the public sanit8.ry SC\\Oer system. The public sto:-:~: sc\\'Cr
sy~~tel1-: bei:-:g speci fi cally 1~~el1ti ol~ed :J. ::; ~: pl~ohibi ted depo~;itory of ~;t~cl}
€-*C-fe-fR€-1-rt:. . .Persons in control of anin1als ll1USt have in their possession tools or
equipnlcnt suitable for the re1110val of animal fecal 111aterial and shall Dron1pt1v
and effectivelv rel110ve fraill the {'[round all fecal material deposited there bv the
animal. Persons renJ.ovjJlf! anilllal \"vaste from park surfaces or public pr01Jertv
shall dispose of it in a sanitarv ll1anner, \-vhich 1118V include depositing it in anv
desi~nated \vaste receptacle located 111 pub1icRarks or on ~)ublic propertv. It is
especiallv prohibited to dispose of aninlal fecal TIlaterial in anv C~itv starnl se\ver
or allV area connected in anv \vav to the Citv storn1 se\ver svstenl.
f. Permanent outdoor animal shelter. No animal owner shall permanently
maintain or keep any animal outside in any kennel or shelter that does not
comply with the follo\ving bedding and shelter requirements~ of subsection 7
/1 (g)(Jt) of thi8 Code. :\ny property o\~{ner l11uintnining a perlnnnent outdoor
cheltcr or k~ennel for 11ou:;ehold pets shall also be subject to the other pro'{~isions
of subsection 7 1(g) ofthiG Code.
i) the shelter must be enclosed or fenced in such a nlanner so as to
prevent the running at large or escape of the animal confined..
ii ) the shelter must be capable of adequatelv protecting the animal
fronl heat cold.. \-vind, S110\\r al1d rail1~ and bedding 111USt be provided for
the animal and l11ailltained in a clean condition.
iii) the shelter TIllist be constructed on an impervious surface
penrutting: for proper drainage and cleaning or on a surface \vhieh does
not permit the collection of \vater, \-vaste.. feed or a mixture thereof to
insure against an unsanitary condition for the animal. humans or the
environment
iv) clean drinking: \'vater and suitable conunercial or natural food
appropriate for the diet of the specific animal sheltered shall be provided
on a routine regular basis,
v) the anin1al and shelter shall be at all times Inaintained in a clean.
healthv.. sanitarv~ safe and hUll1ane condition.
(4) Inzpo un ding.
a. When impounded. It shall be the duty of the poundmaster, animal
\varden services, and every police officer to apprehend any dog found unlicensed,
or any animal running at large, contrary to the provisions of this section, and to
impound such animal at the city or other suitable place.
3
b. Dangerous, fierce or vicious animals. If any dangerous, fierce, or vicious
animal found at large in the city cannot be safely taken and impounded, such
animal may be slain by the animal warden or any police officer, or impounded
until a licensed veterinarian shall certify that the animal is not rabid.
c. Dangerous propensities of biting animals. Any animal which has bitten a
person within 60 days preceding impoundment or other disposition hereunder
shall for the purposes of this section, be considered an animal of dangerous,
fierce, or vicious propensities.
d. Notice. Notice of impounding shall be given to the o\vner of the animal,
as provided in chapter 1. In case the owner is unlmown, \Vfitten notice shall be
posted at the police department. If the animal is not reclaimed \vithin five days of
the posting of the notice, it will be sold or killed. The notice of impounding shall
be in substantially the following form:
NOTICE OF llvIPOUNDING DOG
(or other animal)
Date: ,
TO WHOM IT MAY CONCERN:
I have this day impounded in the pound of the City of Ne\v Hope at
a dog of (other animal)
to the following description:
SEX
COLOR
BREED
ESTIMATED AGE
NOTICE IS HEREBY GIVEN, that unless such animal is claimed and redeemed
on or before o'clock m, on the
day of , , the same will be sold, killed or
otherwise disposed of as provided by the City Code.
Signed
Poundmaster (or Poundkeeper)
e. Reclaiming animals and fees. The owner of any animal so impounded
may reclaim such animal upon payment of the license fee, if such license is
required but unpaid, the impounding fee and the boarding charges. Fees, in
connection with the boarding, impounding, euthanasia and similar services shall
be as prescribed by chapter 14.
(5) Disposition of unc/ainled or infected Gninlals. Any animal impounded shall be
kept for at least five days unless sooner reclaimed by the owner as provided above. If the
animal shall not have been redeemed at such time it may be disposed of in the follo\ving
manner:
4
a. Destroyed or sold. The animal may be destroyed or sold, provided that
such animal shall not be sold for less than the aggregate amount of fees, above.
All animals which appear in the judgment of the pets under police security
(pUPS) poundkeeper to be suffering from rabies or affected with hydrophobia,
shall not be released but shall be killed by the poundkeeper and the remains shall
be disposed of as directed by said laboratory.
b. Use for scientific purposes. Whenever any licensed educational or
scientific institution under Minn. Stat. S 35.71, shall request the poundkeeper for
permission to use, for research purposes any impounded animal or animals, any
impounded animal or animals remaining unclaimed shall be surrendered to such
institution.
(6) Confinel1zent and control. No person who owns, keeps, harbors or maintains an
animal, or the parents or guardian of any person under 18 years of age \vho keeps an
animal, shall allow or permit at anytime any animal to be on any area or lot of private
land in the city without being effectively restrained from entering beyond such area or lot
by leashing or fencing. No person having custody or control of any animal shall permit
such animal at anytime to be on any street, public park, school grounds or public place in
the city \vithout being effectively restrained by chain or leash so as not to interfere \\!ith
the safety or activitv of others. I~he acceptable standard of control is a leash 6 feet or
less.R.etractable leashes exceeding 6 feet are acceptable so long as the distance bet\veen
the person and the aninlal provides real control of the anlnlal and t11e aninlal does not
interfere \vith tIle safety or activ'^itYQf others. It sha11 be prin1a facie ev"idence of c.ontTol if
the anin.1al is restrained bv a leash 6 feet or less. lie: ~w&e6-ilr~si-~~ feet-itt-p~gt}l. Animals
in heat shall be confined in an enclosure which prevents their escape, or the entry therein
or other animals.
(7) Rabies vaccinatioll.
a. Vaccination required. Except as provided in fsubsection1 c below, no
license shall be issued for &-6-e-g-an anilnal which has not been vaccinated for
rabies. A certificate of vaccination or other written statement to the same effect
executed by a doctor qualified to practice veterinary medicine in the state in
which the &eg-animal is vaccinated shall be prima facie proof of the required
vaccinati on.
b. Effective period of vaccine. To be accepted, a certificate must sho\v on
its face that the vaccination will be effective at least until June 30 of the license
year. All vaccinations and boosters are deemed to be effective for the shorter of
the effective period stated in the certificate of vaccination or the period
recognized by the State of Minnesota Board of Animal Health, which currently
follo\vs the guidelines in the Compendium of Animal Rabies Control issued by
the National Association of State Public Health Veterinarians, Inc.
c. P~ppiC:;}l oung i\.nin1als. 'Dog~; Animals vaccinated benveen three and six
months shall be revaccinated at one year of age.
(8) Muzzling proclanzation. Whenever the prevalence of hydrophobia or rabies
render such action necessary to protect the public health and safety, the mayor may issue
a proclamation ordering every person o\vning or keeping an animal to confine it securely
on his premises unless it is muzzled so that it cannot bite. No person shall violate such
proclamation and any unmuzzled animal running at large during the time affixed in the
5
proclamation shall be killed by the poundmaster, animal warden or animal "varden
service or any police officer, without notice to the owner.
(9) Biting an il1Zals .
a. Impounding. An animal which is capable of transmitting rabies and
which has bitten a person shall be impounded at ~PlJPS for at least ten days
from the time of the bite, separate and apart from all other animals and under the
care and supervision of a licensed veterinarian, until it is determined whether or
not said animal had or has rabies. If the animal is found to be rabid, it shall be
destroyed; if it is found not to be rabid, it shall be returned to the o\vner provided
that owner shall first pay for the cost of impounding it. If the owner does not pay
such cost within five days after he has been notified to claim or retrieve his
animal, the animal may be disposed of as provided for the disposition of
unclaimed or infected animals, above. If the said impounding facility is one other
than the city dog pound, it shall be one acceptable to the poundmaster. The cost
incurred by the city in carrying out the provisions of this paragraph shall be paid
by the owner of such impounded animal. In any event, no impounded dog shall
be released until it is licensed as provided above.
b. Bitten animals. An animal which has been bitten by a known rabid
animal shall be picked up and destroyed, provided, however, that such animal
may be immediately killed if with reasonable effort it cannot first be taken up and
impounded. If so picked up and impounded, the animal shall not be destroyed if
the O\V11er thereof makes provisions for a suitable quarantine for a period of not
less than six months for unvaccinated animals, or for 30 days, if proof of
previous immunization is furnished and booster injections are given by a licensed
veterinarian at the expense of the owner of such animal.
(10) Establislunent of city pound. The city pound and city poundkeeper shall be
named by resolution of the city council. The director of police shall be deemed
poundmaster. The city pound, city poundkeeper shall be named by action of the council.
(11) Records. The poundkeeper shall cause an account to be kept of animals
impounded at the city pound, and of their disposition. He shall turn over such accounts to
the clerk from time to time, or upon request of the poundmaster, clerk, or the city
manager.
(12) Aninlallvarden services. The animal warden service and animal warden shall be
named by the city council. The animal warden and the animal warden service and its
employees or agents shall have the powers and duties to patrol the city and enforce the
provisions of this section including the issuing of citations for violations thereof.
(13) Intelference 1rvith others. No unauthorized person shall break open the pound or
attempt to do so, or to take or let out any animal therefrom or take or attempt to take from
any officer, animal warden or agent or employee of the animal warden service any animal
taken up by such officer, warden, employee or agent, in compliance with this section, or
in any manner interfere with or hinder such officer, warden, employee or agent in the
discharge of his duties under this section.
(14) Penalty. Any person violating any of the provisions of this section shall be guilty
of a petty misdemeanor provided, however, that violation of the biting animals provision,
above, by an animal owner, or person responsible for any animal, shall be a
misdemeanor.
6
(Ord. No. 72-9; Ord. No. 73-3; Ord. No. 73-20; Grd. No. 74-13; Grd. No. 76-12; Ord. No. 76-24;
Ord. No. 80-2, Ord. No. 80-12; Grd. No. 81-5; Code 072684; ard. No. 89-14; Grd. No. 94-08;
ard. No. 95-04; Grd. No. 2001-01)
Sec. 7-3. Reserved.
Sec. 7-4. Animal kennels, animal day care.
(a) License required. No person shall maintain or operate any animal kennel or
animal day care facility for dogs, cats or combination of both without a license. In no
event shall a license be issued unless the property wherein the kennel or facility is to be
situated is zoned "I" industrial district under chapter 4.
(b) Application. Applications for an animal kennel, or animal day care license shall
be made upon forms provided by the city.
(c) License fees. The license fee for an animal kennel, or animal day care license
shall be as prescribed in chapter 14.
(d) License expiration. Each license shall expire on December 31, next following the
issuance of the license.
(e) Transferability of license. Each license shall apply solely to the named licensee
and shall not be transferable to any other person.
(t) Nunzber. Deleted.
(g) Standards for operation. Every facility shall:
(1) Fenced. Be enclosed or fenced in such manner so as to prevent the
running at large or escape of animals confined therein;
(2) Clean. Be operated in a clean, healthy, sanitary, and safe condition, and a
humane manner;
(3) Enclosed building. Keep animals bet\veen the hours of 9:00 p.m. to 6.00
a.m. in an enclosed building;
(4) Employees. The facility must provide at least one handler/staff person at
the facility during regular business hours.
(5) Prevention of disturbing the peace. Be cared for, maintained and handled
in a manner which shall prevent noises, barking, fighting, or howling so as not to
disturb the peace and quiet of the neighborhood.
(6) Prevention of public nuisance. Be operated so as not to create a public
nUIsance.
(h) Failure to operate the licensed facility as provided hereunder shall constitute
grounds for revocation of the license of such facility. The determination by the council as
to the manner of operation of any facility in relation to any of the said matters shall be
presumptive proof thereof.
(i) Inspections. Any licensed facility shall be open for inspection by the city
authorities at any time.
7
(j) Penalty. Violation of any of the provisions of this section shall be a
misdemeanor.
(Ord. No. 66-20; Code 072684; Grd. No. 93-02; Ord. No. 94-18; Grd. No. 97-10; [Code]
05/14/2001; Ord. No. 03-06, 9 1, 5-27-2003)
Sec. 7-5. Reserved.
Sec. 7-6. Limitations on keeping of animals.
It is hereby declared to be a public nuisance and unlawful to slau1!hter~ sell. allow, permit,
keep, maintain, ride, herd, drive or harbor animals within the city, in violation of the follo\ving
regulations or \vithout a City permit as provided for in & 7 -6(8) of this Code:
(1) Dogs. Four or more dogs over six months old, to a limit of ten dogs including
puppies under six months old, unless a kennel license is obtained.
(2) Cats. Four or more cats over six months old, to a limit of ten cats including
kittens under six months old, unless a kennel license is obtained.
(3) Other Household PelS. Forn- or more other domesticated household pets of anv
kind or COl11bination thereof kept for companionship and pleasure including. but not
lin1ited to. small caged animals in the rodent fan1ilv. TI1enlbers of the lagomorphs falTrilv~
dOlllesticated ferrets.. caged birds in the patTot or finch falnilies. non-venomous reptiles
less thall six feet in lengtl1 and non-poisonous ampl1ibians andnon-.gan1efish sold for the
purpose ofbein~ kept in an aquariU111.
~ffi F01VI. .Four or more fo\,/l of any kind or cOlTIbination thereof. F"o'rvl n1eans
QGhickens, ducks, geese, pheasants, turkeys or other domestic, agricultural or wild fowl-H
the lIunill1un1 lot ureu ...y/here the nni11101s are l~cpt does not e;:ceed 51, 15 0 sq~lnre feet and
tl1en no n10rc than si?c D.nil11Ul~ are pe1111itted.
f4jill Wild aninlals. Live wild animals of anv kind except 1-}&1:S8frel-Ei-pBts-one anin1al
not exceeding 20 pounds confined to a cage within a dwelling. AU wild animals kept per
this section shall be licensed, registered, vaccinated and tagged in accordance with the
same regulations for dogs~ cats and ferrets in subsections 7-2(1) and 7-2(2) of this Code.
fB@ Hoofed aninlals. Any horses, cows, sheep, goats, pigs or any other hoofed
animals with the exception of one pot-bellied pig.
f61ill Any combination of animals and/or fowl of any age kept in such numbers or
under conditions which unreasonably alU10Y, injure, or endanger the health, safety,
comfort, repose or \velfare of the public or of said animals or fowl.
(8) Per1l1it to Exceed I.inzitalions. Any person desiring to exceed the limitations on
the keeping of anil11als as set out in &&7-6(1) through (7) above may do so only by permit
granted bv the City Council after subn1ittin2 an appropriate application for a public
hearing on the permit as pro\Tided in this section.
i) Application. An application for a pelmit l11USt contain the fol1o\ving
inforl11ation: (i) the name and address of the applicant. (ii) the address of the
premises upon \vhich the animal or animals are to be kept. (iii) tI1e number~
species and~ except in the case of bees.. the sex of such al1i111al or aninlals. and
(iv) a statelnent regarding any propertY dan1age or physical iniuries caused bv
such anin1al or animals in the past. The C.ouncil may also require subn1ission of
such additional inforn1ation or material as it dee111s necessary or convenient. The
8
applicant TIllist pay to the City Clerk such initial pemlit fee and rene\val permit
fee as shall be established from tinle to time by Council resolution. Upon
SUbl1lissiol1 of the initial application. the City Clerk must set a date for a hearing
on tIle application before the City Council and must notify the O\vners of all
properties located \vithin 500 feet of the subiect premises of the date and tinle of
the hearing.
ii) Hearing. At the hearing the City Council may take SUCll testimony or
receive SUCll documents or information as it deems appropriate. A permit \vill
not be issued if the City Council finds that such animal or al1ilnals.. because of
their number~ size~ proxinlitv to other properties~ history of vicious or destructive
actions. or inherent characteristics. are or are likely to become either a nuisance
or a hazard to the public health or safety. In the case of bees.. a permit \vill not be
issued unless the hive or hives are to be located at least 500 feet from any other
propertv .
iii) Ternl. Permits are valid until December 31 of the year of issuance and
111av be rene\ved annually bv the COllllCil. The Council 111ay revoke a pemlit
prior to its expiration if the Council finds that the terms or conditions of the
permit ha\Te been violated or if the animal or anilnals have becoll1e either a public
nuisance or a hazard to the public health or safety. Nothing: herein in this
subsection is to be construed to prohibit or constrain any action allo\ved by la\v
designated to prevent the spread of disease or the inl111inent damage to persons or
propeltv caused bv such anilnal or animals.
Sec. 7-7. Exempt animals.
The provisions of this Code shall not apply to the following circumstances:
(1) Owners or possessors of \vild animals where such animals are exhibited in the
city for the education and entertainment of the public by a person authorized by either
federal law or Minn. Stat. S 97 A.041 provided the following conditions are met:
a. The animals are not permanently sheltered, kept or maintained in the
city.
b. The animals are kept as part of a show or used in a parade that is licensed
by the city, or the animals are kept in an animal hospital or clinic for treatment by
a licensed veterinarian.
(2) Licensed veterinarians treating animals in an animal hospital or clinic la\vfully
located in a CB or R-O zoning district by conditional use.
(3) Pet stores lawfully located in the CB zoning districts.
(4) Research laboratories lawfully located in the industrial zoning district keeping
and maintaining animals for research purposes on condition that all appropriate federal,
state and local licenses and permits to conduct said research have been obtained, all
federal, state and local regulations governing the keeping and maintenance of said
animals are complied with and that the animals are maintained in a totally enclosed
facility constructed to comply with the noise regulations of this Code.
(Ord. No. 94-18; Code 5/14/2001)
9
Section 2. Section 14.7 "Pet licenses and animal boardin~ and impound fees" of the New
Hope City Code is hereby amended to read as follows:
Sec. 14-7. Pet licenses and animal boarding and impound fees.
The fees required by the various provisions of chapter 7 relating to pet licenses and
animal boarding and impoundment are as set forth below.
(1) Dog. cat anc! ferret license fees. The fee amounts for dog, cat and ferret licenses
as required by subsection 7-2(al)(Jf!) are as follows:
a. Neutered-,;- Q.Lspayed or ul1alte~~ed animalsEiegs--r-~ $5.00 annually
and Ul1altered aninlals--$15.00 anllual1~per ~ubsection '7 2([1) of this Code.
T'here s11all be no fee for cats and ferrets declared ~~in door on1v'~ anin1als bv their
o\vners subj ect to tl1e provisions of section 7- 2( 1 )( e) of this Code.
b. Reduced fee. If any application is made for a license between July 1 and
December 31 of any license year, for a license to be effective during any part of
the same period, the fee shall be one-half of the regular license fee. No refund
shall be made on any license fee where the license is not used, or is revoked or
forfeited before the end of the license term.
c. Licenses shall be provided at no cost for certified serVIce
aninJalsGss i s t~ ~1 Gi...~-r6gs semclng totally or partially blind, physically
handicapped or deaf individuals.
d. Duplicate license--$1.00.
(2) Duplicate tag. The fee amount for a duplicate tag as required by subsection 7-
2(bg)(b} is $1.00 upon showing proof that the dog is currently licensed.
(3) City boarding and inlpound fees. The fees for city boarding and impoundment as
required in subsection 7-2(a:!) efare the fee amounts determined by city contract or
council resolution.
(4) Dog kennel and cat shelter license fees. The fee amounts for dog kennel and cat
shelter licenses as required by subsection 7-4(c) are $50.00 annually for each license.
(S) Wild aninlal perlllit fee. The fee amount for a wild animal permit as required by
subsection 7-+.Q(e~) is $25.00 for each year or portion thereof covered by the permit, and
shall not be refunded if the application is rejected.
L~- [>erlnit to exceed aniJ1lal /illlits. 'The initial and rene\\/al pel111it fees to exceed the
limit on keeni.ng aninlals set out in subsection 7 -6(8)(i) shall be periodical1v established
bv C"ouncil resolution.
Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication,
however, the license fees shall not be retroactive to licenses already purchased for 2005.
10
Dated the 27th day of June, 2005. tt
Attest: 7fJj A ~ //~
Valerie Leone,l:ity Clerk
P:\Attomey\Cnh Ordinances\99.40128-002-RecoditicaIion - Chp 7-D5.doc
(Published in the New Hope-Golden Valley Sun-Post the 6th day of July , 2005.)
11
SUMMARY OF ORDINANCE NO. 05-09
AN ORDINANCE RECODIFYING CHAPTER 7
OF THE NEW HOPE CODE REGULATING ANIMALS
AND AMENDING SECTION 14-7 RELATING TO LICENSE FEES
The following summary of Ordinance No. 05-09 is hereby approved by the New Hope
City Council for official publication this 27m day of June, 2005. The Council hereby
determines this summary ordinance clearly informs the public of the intent and effect of
Ordinance No. 05-09.
1. The title of Ordinance No. 05-09 is "All Ordinan ce Recodifyillg Chapter 7 Anil1lals and
AllZeJldilzg Section 14-7 Relatilzg to License Fees of tlze New Hope City Code".
2. Section One of the Ordinance makes changes to the various sections of Chapter 7
regulating animals as follows:
a. Section 7-2(1) "License, registration and vaccinatiolz" has been amended to
require cats and ferrets to be licensed as well as dogs. It also requires
dangerous dogs as determined by the animal control officer to be registered with
the City and incorporates and makes applicable to dangerous dogs all laws and
regulations set out in Minn. Stat. 99 347.50 through 347.55.
b. Section 7-2(1)(b) "Rabi es vaccil1ation required" has been amended to require
cats and ferrets to be vaccinated as well as dogs.
c. Section 7-2(1)(c) "Lice l2se and fees" has been amended to exempt from a
license fee all cats and ferrets kept indoors at all times by their o\vner. A
license is still required but no fee is imposed on these "indoo r only" animals.
d. Section 7-2(1)(d) "Certified assistalzce alzilnals" has been amended to indicate
licenses issued to certified assistance animals trained to assist people with
physical handicaps will be at no cost.
e. Section 7-2(3)(e) "Anilll al1vaste" has been amended to require the disposal of
animal fecal material in a sanitary manner. It further requires persons in control
of animals to possess tools or equipment suitable to remove said material from
the ground in a sanitary manner, but permits the disposal of fecal material so
handled in public waste receptacles. However, deposit of fecal material in the
City's storm sewer is specifically prohibited.
f. Section 7-2(3)(t) "Perlnanellt outdoor alzilnal slzelter" has been amended to
require that any animal permanently maintained outdoors be provided with an
1
adequate, safe, clean and sanitary shelter. The shelter must be equipped with
proper bedding, it must be capable of protecting the animal from the elements of
weather, it must provide for proper drainage, can be easily cleaned to guard
against unsanitary conditions and prevent the animal from running at large.
Adequate food and water must also be provided at all times to animals
permanently maintained outdoors.
g. Section 7-2(6) "Confinelnent and control" has been amended to allow the use of
retractable leashes in excess of 6 feet but requires a person in control of an
animal on a retractable leash to prevent the animal from interfering with the
activities of other persons on public property. The amendment also indicates an
animal on a leash 6 feet or less is in control and this is an acceptable standard to
comply with the animal control requirement of the Code.
h. Section 7-4 "A ninzal kennels , alzilnal day care" has not been amended by this
Ordinance.
i. Section 7-6 "Linzit atiolzs on keeving of anilllals" has been amended to provide a
pennit process for the keeping of animals in excess of what is allowed by
sections 7-6(1) through (7). Basically, these sections will allow keeping 3 dogs
over 6 months old, 3 cats over 6 months old, 3 other common household pets
other than dogs or cats, 3 fowl of any kind, 1 wild animal not exceeding 20
pounds confmed to a cage indoors and 1 pot bellied pig. However, the number
of permitted animals may be reduced if they cause a nuisance or endanger the
health and safety of the public or the animals. Keeping of all other animals is
prohibited except by permit. Section 7-6(8) sets out the permit process and
requires a public hearing before the City Council. A permit is good for 1 year
only but may be renewed annually.
3. Section Two of the Ordinance amends Chapter 14 regulating license fees for animals as
follows:
a. Section 14-7(1)(a) has been amended to establish a license fee for cats and
ferrets as well as dogs. The license fee has been reduced to $5.00 annually for
neutered or spayed animals and increased to $15.00 annually for unaltered
animals. There will be no annual fee for cats and ferrets declared "indoor
only" animals.
b. Section 14-7(1)(c) has been amended to indicate there will be no annual license
fee for certified service animals.
4. Section Three of the Ordinance indicates the Ordinance will be effective upon its
passage and publication, however, the license fees shall not be retroactive to any license
already purchased for the 2005 license year.
2
Dated this 27th day of June, 2005.
Attest: t~~
V~lerie Leone: City Clerk
P:\Anomey\Cnh Ordinances\99.40128-003-Summary of Ord 05.09 Re Recodification. Chp 7.doc
3
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newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
55.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as Sun-Post , and
has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provid{ __ -I _J..I_ _._ __._ t:_
able laws, as amended.
(8) The printed public notice that i
week, for ~ successive 'Iv
of Julv ,2005, and \
1
to and including Thursday, the.~
a copy of the lower case alpha
edged as being the size and ki
notice:
Subscribed and sworn to or affic 'i'
on this --1- day of July
1 /j
I 7CJ AZ-
; ,/~/' '/"L///\
Notary PtJblic
.
(1) Lowest classified rate paid by
for comparable space
(2) Maximum rate allowed by la\'\
(3) Rate actually charged
ORDINANCE NO. 05 - 10
AN ORDINANCE ADDING SECTION 9-90 TO THE NEW HOPE CODE
DECLARING GRAFFITI A PUBLIC NUISANCE, ESTABLISIDNG
PROCEDURES FOR GRAFFITI ABATEMENT AND REMOVAL AND
CREATING CRIMINAL PENALTIES FOR GRAFFITI VANDALISM
The City Council of the City of New Hope ordains:
Section 1. Section 9-90 "Graffiti Prohibited" of the New Hope City Code is hereby added
to read as follows:
9-90. Graffiti Prohibited.
(a) Findirlgs and purpose. The purpose of this section is to prevent the spread
of graffiti vandalism and to establish a program for the removal of graffiti
from public a11d private property thereby limiting its adverse impact on
neighborhoods. Tllerefore~ the City Coul1cil makes the follo\ving findings
regarding tIle need to promptly remove graffiti from private and public
property:
(1) Graffiti constitutes a form of vandalism defacing public and private
property \vithout the permission of tIle OWller ~ and causing citizens.
businesses and the City to illcur the cost of repair al1d removal.
(2) Graffiti is a visual symbol of disorder eroding public safety ~
contributing to a dO\Vl1\Vard spiral of blight and decay _ lessening
property values~ business viability and ultimately tax revenues and~
as such~ is inconsistellt vvith the City's property maintenance goals
and aesthetic standards.
(3) There is substantial evidence that prompt eradication of graffiti is an
effective prevention strategy which discourages its return \vhile
failure to promptly remove graffiti increases tIle likelil100d tl1at
more graffiti \vill occur on the same site and on other l1earby
property.
(4) The failure to maintain one's property by removing graffiti which
has been declared by the City~ to constitute a Rublic nuisance \vithin
a reasonable period of time is iniurious to the public health~ safety ~
morals and general \velfare of the residents of the Citv.
(b) Definitions. The follo\ving words and terms \vhen used in this section shall
have tIle following: meanings~ unless tIle context clearly illdicates other\vise:
1
(1 ) Graffiti - any inscription~ word, figure.. painting or other defacement
that is \vritten~ marked, etched, scratched, sprayed, dra\vn, painted
or engraved on or otherwise affixed to any surface of a structure,
fixture or obiect, including but not lnnited to: buildings, walls,
fences, bridges, benches, shelters.. sidewalks.. llydra11ts, fountains,
pavement, curbs~ trees~ rocks, signs, railroad cars~ vehicles, utility
poles or boxes situated on public or private property bv any graffiti
implement, to the extent that the inscription, word, figure'l painting
or other defacement was 110t authorized in advance by the
responsible party for the property, Of, despite advance
authorization, is other\vise deemed a public nuisance bv the City
Manager, or the designee thereof, pursuant to section 9-90(b )(3) and
fQL
(2) Graffiti Imvlel1zellt - paint, aerosol or pressurized containers of
paint, indelible broad-tipped markers, paint stick, etchulg equipment
or any other device capable of scarring or leaving a visible mark on
any natural Of luan-made surface. A paint stick is further defmed as
any device containing a solid form of paillt or other similar
substance capable of being applied to a surface by pressure.
(3) PllblicNuisance - real property \vitIlin the City contai1ung a
condition that defaces it or any permanent structure.. fixture or
obiect situated thereon which in turn causes or tends to cause
depreciation in the eniovrnent and use, or in the value of the
property in its immediate vicinity or \vhich has the potential to
unreasonably annoy, il1iure or elldanger the safety.. health.. morals or
general \velfare of ordinary and reasonable members of the public.
(4) Responsible Partv - an owner, legal occupant or an e11titv or person
acting as an agent for an owner by agreemellt, who has authority
over tIle real property or is responsible for tIle property's
maintenance or 1nanagenlent. Irrespective of any arrangement to the
contrary with any other party".. eacIl property O\Vller shall always be
a responsible party for the purposes of this section. There may be
more than one responsible party for a particular property.
(c) Prohibited acts. The following acts constitute graffiti vandalism:
(1) It sIlall be unla\vful for any person to intentionall v place or apply, or
attempt to place or apply, graffiti on any surface of a structure,
fixture or obiect located on public or private real property \vithin the
City without the advance autllorization of a responsible party for the
property. This shall apply to permanent.. tenlporary or moveable
structures or obiects suell as vehicles and railroad cars.
2
(2) It shall be unlawful for allY person to possess any graffiti implement
with tile intent to use the same to place or apply graffiti on any
public or private real property \vithin the City or on any surface of a
permanent structure~ fixture or object located thereon.
(d) Graffiti as nuisance.
(1 ) Declaration. The existence of graffiti on public or private property
in violation of this section is expressly declared to be public
nuisance and~ tllerefore, is sublect to the removal and abatement
provisions specified in tItis Code.
(2) Dutv of vroperty OrVller. It is the duty of both tIle o\vner of the
property to which the graffiti has been applied and any person \vho
may be in possession of or \vho has the right to possess suell
property to at all times keep the property clear of graffiti.
(e) Rel1l0val of graffiti.
(1) Bv perpetrator. The City may require any person applying graffiti
on public or private property to either remove or pay for all costs
for removal of the graftlti within 24 hours after notice by the City
or property owner. Tile relTIoval must be performed in a manner
prescribed by the City ~ with materials and colors compatible witll
existillg surfaces and to a comparable or improved conditioll before
the graffiti application as determined bv the Citv. Where graffiti is
applied by a person under 18 years old~ tile parents or legal
guardian will also be responsible for such removal or for payment
for tIle costs of removal. Failure of any person to remove graffiti or
pay for the removal will constitute an additional violation of this
chapter.
(2) By vrOTJertv O}Vller or Cit}'. The City may also order that the graffiti
be removed by the property o\vner or any person \vho may be in
possession or \vho has the right to possess such propertv, pursuant
to the nuisance abatemellt procedure herein. Graffiti removal and
corrections must be performed with materials and colors compatible
with existing surfaces as determined by the Citv. If the property
owner or responsible patty fails to remove offending graffiti \vithin
th.e time specified bv the City, tIle City may commence abatement
and cost recovery proceedings for the graffiti removal in accordarlce
with this Code.
3
(f) Graffiti abate/1Ient procedure.
(1) AbateJnent by City. If tIle owner, occupant or other responsible
party does not comply with the graffiti abatement llotice \vithin the
time specified, the City may abate the public nuisance.
(2) Notice of heari/zg. The follo\ving notification lnllst be conducted
prior to City abatement of the public nuisance. WIlenever it is
determined that a public nuisance is being maintained or exists on a
property, the City Manager or authorized designee must give five
days' \vritten notice through service by first class mail or by
posting: a notice on the property or by personal delivery to tIle
owner of or person in control of the property 011 Wllich the public
nuisance is located. When the property is occupied.. service upon
the occupant is deemed service upon the o\vner. Where the
property is Ulloccupied or abandoned, service mav be by mail to the
last known o\vner of record of the property or bv posting on tIle
property. The notice must state:
a. A description of the public nuisance or Qraffiti to be
removed:
b. That the public nuisance lnust be corrected and removed
\vithin five days of the service of the notice:
c. That if the public nuisance or {Zraffiti is 110t properly
removed or corrected as ordered, the public nuisance or
graffiti will be abated by the City and the costs of abatement
will be specially assessed to the property taxes:
d. That the owner of or person in control of the property on
\vhicll the public nuisance is located may ill \vriting request a
hearing before the City Manager or authorized designee.
(3) H earilzg , action. If a llearing is requested durin{Z the tive-day
period_ the City Manager or authorized designee must promptly
schedule the hearing:, and no further action on tIle abatement of the
public nuisance or graffiti may be taken until tIle Mana{Zer's
decision is rendered. At the COllclusion of the scheduled hearing_
the Manager or authorized designee Inay cancel the notice to remove
or correct the public nuisance. If the llotice is modified or affirmed_
the public nuisance or {Zraffiti lllUSt be abated ill accordance with the
Manager's written order.
4
(4) SUlnnlal)' abatement. The City Manager may provide for abating a
public nuisance or graffiti \vithout follo\ving tIle procedure required
in Section (3) above if any of the following conditiollS exist:
a. There is an immediate threat to the public healtll or safety:
b. There is an iImnediate threat of serious property damage:
c. A public nuisance has been caused bv private parties on
public property: or
d. Any other condition exists that violates state or localla\v and
that is a public health or safety hazard.
A reasonable attelnpt must be made to 110tifv the owner" occupant, or other
responsible party of tIle intended action a11d the rigllt to appeal the
abatement and cost recovery at the next regularly scheduled City COUIICil
meeting.
(5) Cost recoverv. The owner of a property on \vhich a 11uisance or
graffiti has been abated by the City or a person who has caused a
public nuisance 011 property 110t owned bv that person is personally
liable to the City for the cost of the abatement~ including
adlninistrative costs. As soon as tile \vork has beell completed and
the cost determined, the City Manager or authorized designee will
prepare a bill for tIle cost and mail it to the owner or other
responsible partv. The alTIOunt is immediately due and payable to
the Citv.
(6) Assessnzent. If the cost, or any portion of it~ lIas not been paid
\vithin 30 days after the date of the bill~ the Council may certify to
the real estate taxes the unpaid cost against the property to \vhich the
cost is attributable in accordance \vith the process set forth in this
Code.
(g) Penalties.
(1 ) Any violation of this section is a Inisdemeanor, punishable in
accordal1ce \vith state law.
(2) This section is not intended to prohibit a private property owner
from seeking additional penalties or remedies.
5
Section 2. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 25th day of July, 2005.
~ /J
Attest: / Zlftue , ~~/
Valerie Leone, CitY Clerk
(Published in the New Hope-Golden Valley Sun-Post the 3rd day of August , 2005.)
P:\ATTOR1~EY\CNH ORDINANCES\99.40136-0RD RE GRAFFITI.DOC
6
SUMMARY OF ORDINANCE NO. 05-10
AN ORDINANCE ADDING SECTION 9-90 TO THE NEW HOPE CODE
DECLARING GRAFFITI A PUBLIC NUISANCE, ESTABLISHING
PROCEDURES FOR GRAFFITI ABATEMENT AND REMOV AL AND
CREATING CRIMINAL PENALTIES FOR GRAFFITI VANDALISM
The following sununary of Ordinance No. 05-10 is hereby approved by the New Hope
City Council for official publication this 25th day of July, 2005. The Council hereby determines
this sununary ordinance clearly informs the public of the intent and effect of Ordinance No. 05-
10.
1. The title of Ordinance No. 05-10 is HAn Ordinance Adding Section 9-90 to the New Hope
Citv Code Declaring Graffiti a Public Nuisance, Establishing PrOCedz,lres for Graffiti
Abatelnent and Renloval and Creating Crinlinal Penalties for Graffiti Vandalis111".
2. Section One of the Ordinance adds ' 9-90(a) through (g) prohibiting graffiti vandalism in
the City as follows:
a. Section 9-90( a) "Findings and pur/Jose" declares graffiti a public nuisance and
indicates the Ordinance is beillg adopted to prevent the spread of graffiti, provide
for its removal and limit its adverse impact on neighborlloods and property.
b. Section 9-90(b) "Definitions" defines graffiti as the unauthorized defacement of
property. It also defines graffiti implements, how they are used to create graffiti,
when graffiti defacement becomes a public nUiSa11Ce and WI10 is the responsible
party required to remove and abate graffiti.
c. Section 9-90( c) "Prohibited acts JJ indicates the conduct which rises to the level of
unlawful graffiti vandalism. Basically, any intentional property defacement
without prior authorization of the property owner will constitute prohibited
graffiti vandalism.
d. Section 9-90( d) "Graffiti as nuisance" declares graffiti a public nuisance and
requires property owners to maintain their property clear of graffiti.
e. Section 9-90( e) "Relnoval of graffiti}J requires that the graffiti must be removed.
If the perpetrator is known, said person must pay the cost for or remove the
graffiti within 24 hours after notice by the City. Graffiti abatement and removal
must be performed in a manner rendering the property comparable to its pre-
existing condition. Parents or legal guardians of graffiti vandals under age 18 will
be responsible for the graffiti removal and costs as well as the minor perpetrators
of graffiti. lfthe graffiti perpetrator is not known, the property owner will be
required to remove the graffiti. If the owner fails to do so, the City will remove
1
the graffiti and charge the property owner for the removal costs by way of special
assessment against the property.
f. Section 9-90(f) "Graffiti abate111ent vrocedure" establishes the time limits when
the graffiti must be removed by the property owner after notice by the City. It
also establishes the hearing procedures by which the City's notice to remove
graffiti can be contested. The property owner will have 5 days' notice to either
remove the graffiti or request a hearing before the City Manager to contest the
graffiti removal notice. This section also indicates how the notice must be served
on the owner. If the graffiti poses a serious public safety threat, the City will be
allowed to remove the graffiti without notice to the owner. This section further
details how City costs will be assessed to a property owner in non-compliance
with a City order to remove graffiti.
g. Section 9-90(g) ((Penalties" makes graffiti vandalism a misdemeanor criminal
offense. A misdemeanor offense is pUlllshable by a maximum of90 days in jail, a
$1,000.00 fine or both.
3. Section Three of the Ordinance indicates the Ordinance will be effective upon its passage
and publication.
Dated this 25th day of July, 2005.
,J) /~)
/1({
Attest:/Zt.fLA..,u21 /\ .. Uj} .L
Valerie Leone, CIty Clerk
P:\:\ttorney\Cnh Ordinances\99.40 136-003-Summary ofOrd 05-10 Re Graffiti.doc
2
www.mnSun.com
'10TICES
City of New Hope ty owner will be required to remove the graffiti. If
the G\vner fails to do so. the City '.vill remove the
(Official Publication) graffiti and charge the property owner for the re~
SUMMARY OF ORDINANCE NO. 05~10 moval costs by way of special assessment
against the property.
STATE OF MINNESOTA) AN ORDINANCE ADDING SECTION 9~90 TO THE
NEW HOPE CODE DECLARING GRAFFITI A PUBLIC f. Section 9~90(f) .'Graffiti abatement orocedure"
NUISANCE, ESTABLISHING PROCEDURES FOR establishes the time limits \vhen the graffiti must
S8. GRAFFITI ABATEMENT AND REMOVAL AND be removed by the property owner after notice by
CREATING CRIMINAL PENALTIES FOR GRAFFITI the City. It also establishes the hearing proce-
VANDALISM dures by which the City's notice to remove graffi-
COUNTY OF HENNEPIN) ti can be contested. The property owner \vill have
The follmving summary of Ordinance No. 05-10 is 5 days' notice to either remove the graffiti or re-
Richard Hendrickson, being duly sworn 01 rises-by approved by the New Hope City Council for offi- quest a hearing before the City Manager to con~
publication this 25th day of July. 2005. The Council test the graffiti removal notice. This section also
rlereby determines this summary ordinance clearly in- indicates hQ'lJ the notice must be served on the
nancial Officer of the newspaper known forns the public of the intent and effect of Ordinance No. owner. If the graffiti poses a serious public safe-
05 - 1 o. ty threat the City will be allO\ved to remove the
has full knowledge of the facts stated belc graffiti \vithout...notice to the owner. This section
~ The title of Ordinance No. 05-10 is "An Ordinance further details how City costs will be assessed to
Addina Section 9-90 to the New HaDe City Code De- a property O\vner in non-compliance with a City
(A) The newspaper has complied with all ( elariho Graffiti a Public Nuisance. Establishino Pro- order to remove graffiti.
cedures for Graffiti Abatement and Removal and Cre-
atino Criminal Penalties for Graffiti Vandalism.'. g. Section 9-90(g) "Penalties" makes graffiti vandal-
qualified newspaper, as provided by r\ ism a misdemeanor criminal offense. A misde-
2. Section One of the Ordinance adds Section 9-90(a) meanor offense is punishable by a maximum of
able laws, as amended. through (g) prohibiting graffiti vandalism in the City as 90 days in jail. a $1.000.00 fine or both.
fo! I o'//s:
3. Section Three of the Ordinance indicates the Ordl-'
(B) The printed public notice that is attac a. Section 9-90(a) .'Findinos and ouroose'. declares nance '.vill be effective upon its passage arid publica-
graJfiti a public nuisance and indicates the Ordi- tion.
week, for ~ successive week(s) nance is being adopted to prevent the spread of Dated this 25th day of July. 2005.
graffiti. provide for its removal and limit its adverse
impact on neighborhoods and property.
of Auqust , 2005, and was thE b. Section 9.90(b) "Definitions" defines graffiti as the
to and including Thursday, the _ unauthorized defacement of property. It also de~ ---- Martin E. Opem Sr., Mayor
fines graffiti implements. how they are used to Attest
create graffiti. \'Jhen graffiti defacement becomes Valerie Leona-City Clerk --
a copy of the lower case alphabet fror a public nuisance and wQo is the responsible (Aug. 4. 2005)p2/ord 05-10 summary
party required to remove and abate graffiti.
edged as being the size and kind of ty c. Section 9~90(c) "Prohibited acts" indicates thele
conduct which rises to the level of unlawful graf-
notice: fib vandalism. Basically, any intentional property
defacE?ment without prior authorization of the
property owner will constitute prohibited graffiti
abcdefghi vandalism.
d. Section 9-90( d) "Graffiti as nuisance" declares
graffiti a public nuisance aQd requires property
owners to maintain their property clear of graffiti.
e. Section 9-90(e) "Removal of araffitl' requires that
B the graffiti must be removed, If the perpetrator is _
known, said person must pay the cost for or re. -
move the graffiti within 24 hours after notice by
the City. Graffiti abatement and removal must be
performed in a manner rendering the property
comparable to its pre~existing condition. Parents
or legal guardians of graffiti vandals under age 18
will be responsible for the graffiti removal and
Subscribed and sworn to or affirmed befe costs as well as the minor perpetrators of graffiti.
tf the graffiti perpetratqr is not knqwn, the prop'er-
on this -L day of August , 20QF
;/1~1 L d /;~.
t1 1 .,.~ a/~'l--
Notary PhtSiic
. '
MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1-31 ~ _ l
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.85 Der line
for comparable space
(2) Maximum rate allowed by law S 6.20 per line
(3) Rate actually charged $ 1 .30 per line
ORDINANCE NO. 05-11
AN ORDINANCE AMENDING THE ADMINISTRATIVE PENAL TIES AGAINST
LICENSEES FOR ILLEGAL SALE OF ALCOHOL AND TOBACCO
The City Council of the City of New Hope ordains:
Section 1. Section 8-7(f)(2) "Administrative civil penalties: licensee" of the New Hope
City Code is hereby amended to read as follows:
(2) Adnzinistrative civil penalties: licensee. If a licensee or an employee of a licensee is
found to have sold tobacco to a person under the age of 18 years, the licensee shall be
subject to frfr-the administrative pellalt)' as follo\vSSallctions described in the follo\ving
matrix. In all cases the Council shall select \vhicll days a suspension \vill be served. Other
malldatory requirements may be imposed on the licensee1 including but not lilnited t01
meetings \vith tIle police departn1ent to present a plan of action to assure tllat problems \vill
not continue1 mandatory education sessiollS involving all employees and elllQlovers \vith
the police department or other actions that the City Council deems appropriate. On a first
violation. the licensee rnav elect training in proper identification procedures il11ieu of the 3
day licel1se suspension. TIle trainin2 sllall be governed bv and is subiect to the conditions
set out in ~ 8-7(t)(2)(b) of this Code.
Fine and Licellse SllSRension
1st Violation 2nd Violation (within 24 IllOI1ths 3rd \'iolatioI1 (\vithin 24 months of 4th Violation hvithin 24 nlonths of
of a prior violation t\VO orior violations) three orior violations
5250.00 $500.00 plus $1.000.00 Rlus
~ 5 days susncnsion 10 davs susoension Revocation
~ension
a. First violation. TI1C City Council sllall ilnposc a ci"vil fine of at lcast $75.00
but not to exceed $500.00 and Inuy iInposc a liccl1se suspensioll for a pcriod not to
cxceed ten days.
b. Secolzd '~:ioICltion. The City Council sllall impose a ci\~il fine of at least
$200.00 but 110t to exceed $750.00 and nla)~ irnposc a liccl1se SUSPCllSioIl for a
period not to c^cccd 20 days for a second violatioIl \vithin 24 lllonths of the initial
'violatioll.
c. Third ','ioZatioll. The City COUllCil shall ilnposc a ci\~il fine of at least
$250.00 but 110t to c^cecd $1,000.00 and shall ilnposc a license suspension for a
1
period of at least seven days but not to exceed 30 days for a tllird 'violation \vithin
24 montlls of the initial \'iolatiol1.
El-:a . Hearillg reqllired. No civil penalty shall take effect until the licensee has
received notice served personally or by mail, of the alleged violation and is given
an opportunity for a hearing before a person authorized by the City Council to
conduct the hearing. A decision that a violation has occurred and a civil penalty is
warranted must be in writing. In the event the licensee is found to have violated the
regulations of this Code, the cost of any hearing, including the hearing examiner's
fees and the City t s reasonable attorney's fees, shall be assessed against the licensee
in addition to the civil penalty.
b. Trainillg ill lieu of sllspensioll. After the first violation within a 24 month
period only \ a licensee may request training from the New Hope Police Department
in proper identification procedures. Said training shall be at the expense of the
licensee\ shall be in lieu of the 3 day license suspension required by ~ 8-7(t)(2) of
this Code, and shall be conducted per the following conditions:
i) training for all employees of a licensee must be completed \vithin
two training sessions at the discretion of the New Hope Police Department:
ii) If more than one licensee is requesting the training the New Hope
Police Department retains control in deciding how many training: sessions
are necessary to accommodate the number of employees taking the training.
iii) It shall be the responsibility of the licensee to make certain that all
employees successfully complete the required training. Failure to do so
means the licensee l1as failed to meet the "training in lieu of suspension"
requirement of the administrative penalty and will be subject to the 3 day
license suspension.
iv) The licensee shall pay for all of the following costs for the training::
supplies and materials, any facility costs~ the personnel expenses for the
trainer \ all administrative costs of the training and any other costs staff
deems necessary to conduct the training.
Section 2. Section 10-82 "Other sanctions" of the New Hope City Code is hereby
amended to read as follows:
Sec. 10-82. Otlzer sanctiollS.
The following violations are subject to the sanctions described in the matrix
following this section. In all cases the Council shall select which days a suspension will be
served. Other mandatory requirements may be imposed on the licensee, including but not
2
limited to, meetings with the police department to present a plan of action to assure that
problems will not continue, mandatory education sessions involving all employees and
employers with the police department or other actions that the City Council deems
appropriate. On a first violation in regards to a sale to a minor or underage person~ the
licensee may elect training in proper identification procedures in lieu of the 3 day license
suspension. The training shall be governed by and is subject to the conditions set out in ~
8-7(t)(2)(b) of this Code.
(1) Sale to a minor or underage person;
(2) Sale after or before hours;
(3) Consumption after hours;
(4) Illegal gambling, prostitution, adult entertainment on premises;
(5) Sale to obviously intoxicated persons;
(6) Sale of liquor that is not permitted by the license;
(7) Licensee fails to cooperate fully with police in investigating illegal acts upon
licensed premises.
Fine and License Suspension
Jnd Violation (\vithin 24 months 3rd Violation (\vithin 24 months of th Violation (\vithin 24 months of
1st Violation f a prior violation \VO prior violations) hree prior violations
: 15B250.0Q-- ,.$500.00 plus . ....$1,000.00 plus
3 da v s ~ days suspension 10 days suspension Revocation
sus ension
Section 3. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 12th day of September, 2005.
Attest: ~~
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the 22nddayof September ,2005.)
P;\ATTOR.i\;EY\CNH ORDINANCES\99.80511-0RD NO. 05-11 A}.,ID ADM PENALTIES SALE OF ALCOHOL & TOBACCO. DOC
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CIIM 26A CrystaVRobbinsdale, New Hope/Golde
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~ ~ ~~
newspapers
AFFIDAVIT OF PUBLICATION City of New Hope
(Official Publication)
ORDINANCE NO. 05..11
STATE OF MINNESOTA) AN ORDINANCE AMENDING THE ADMINISTRATIVE
PENALTIES AGAINST LICENSEES FOR IllEGAL
55. SALE OF ALCOHOL AND TOBACCO
COUNTY OF HENNEPIN) The City Council of the City of New Hope ordains:
Section 1. Section 8-7(f)(2) "Administrative civil
Richard Hendrickson being duly sworn on an oath states or affirms that he is the Chief Fi- oenalties: licensee" of the New Hope City Code is hereby
, ' amended to read as follows:
nancial Officer of the newspaper known as Sun-Post and (2) Administrative civil penalties: licensee. If a licensee or
, an employee of a licensee is found to have sold tobacco
. to a pe~son under the age of 18 years, the licensee shall
has full knowledge of the facts stated below. be s~bJect to if:R th~ administrative J30AaI7/ as 'SIlS"'8
sanctions descnbed In the followina matrix. In all cases
(A) The newspaper has complied with all of the requirements constituting qualification as a the Council shall select which ~avs a susoensio.n will be
served. Other mandatory reoUlrements may be Imoosed
. . ., . on the licensee including tjtit rto~:lirnitedto. me'e~nos with
qualified newspaper, as provided by Minn. Stat. 9331 A.02, 9331 A.O?, and other appllc- ~~e oolice deoar:tment tob~ese'htNa ofan Of actiol1',16 assure
mat oroblems will not contmue mandatorY education ses-
bl I d d ~ions involvina all emolovees and emDloyers with the 00-
a e aws, as amen e . !fee deoartment or other actions that the Crtv Council
deems aoorooriate. On a first violation the licensee may
(B) The printed public notice that is attached was published in the newspaper once each elect training in Droner identification orocedures in lieu of
the 3 day license susoension. The trainina shall be aov-
. .., 22 erned bv and is subject to the conditions set out in & 8-
week, for ~ successive week(s); It was first published on ThursdaYJ the _ day 7(fH2Hb) of this Code.
of September ,2005, and was thereafter printed and published on every Thursday 1 st Violation Fine and License Susoension
5250.00 3 davs susoension
to and including Thursday the day of 2005. and printed below is 2nd Violation (within 24 months of a Drior violation
, - , , 5500.00 Dlus 5 days susoension
. . .. 3rd Violation (within 24 months of t\vo orior violations)
a copy of the lower case alphabet from A to Z, both Inclusive, which IS hereby acknowl- S1 000.00 Dlus 10 davs susoension
Ltb Violation (within 24 months of three Drior violations
edged as being the size and kind of type used in the composition and publication of the Revocation
&:0 r::::../...s: '.';e,~s.:jr9~. TRG ~i~~' ~SblRI8i1 SJP18.lI IFfx1)38EJ8 a Gi"il
notice: ~i-e 9~ 3.~ le.:as~ $::~.gg 18bl~ ~8" "9 G;HSeee Se9g.g9 s,r:le FflGl)'
l:-;t:C:S a IlSeRIS:9 G:~E:I3c:nt:lsR 'sr a J3s~isE! RS" "8 SHeses
abcdefg hijkl mnopqrstuvwxyziC:-: s::.y.G,
S:- .g-esrqg' ,'g'.af8!<7. TRG ~i0' ~sblFisil GliGlll iffij3S;"8 a 8;\,1:
~?08-C; 8.~ l~as~ S2QQ. 99 Bwt. !iCl~ te GHS61 e e 8789. 129 aRe m:J.~'
B-~:e :al1e8R:e E:~E"jSI8F1GI8R 'sr a "srisE! AS" ~8 13)(888822
~l;: ~er a 88Eil3AS . i81Q~i8R .;~RiR 2~ FA8AtRS e: ~R8 iA;:ial
":~~
BY' r ::-;'i~ "'8'B~iBR" TAs City 'C~"'Reil sRall iR'1F'8S8 a si"i1
· fine=:7 n~ IGa6~S~eg.QQ lael~ ne~~e anGEles S1.QQ9.99 ens
~':VR~ ec:e J. IiSSRE: e E:UE:j3GFlsi'sFI"l:er a j3 sris8 s; GJ.~ Ie as~
::;':::-: 83)'S Bel" AS~ "s sH8ee8 ~g 8-~'S ~8r a "Rirs ':jela~isf.
lNi:;-;;.-: 21 FRSA:~8 G~ ~R8 iAi~jal ':isIGl~iElA.
~ Hearing required. No civil penalty shall take effect until
the licensee has received notice served personally or by
S . . f mail, of the alleged violation and is given an opportunity
ubscnbed and sworn to or affirmed be ore me for a hearing before a person authorized by the City Coun-
cil to conduct the hearing. A decision that a violation has
on this 22 day of September. 2005. ?ccurred and a civil ~enalty i~ warranted must .be in writ~
_ mg. In the event the licensee IS found to have VIolated the
d ~! regulations of this Code, the cost of any hearing, includ-
'_I) .' i ing the hearing examiner's fees and the City's reasonable
/' VJ/" ~ "" j 'J. .' attorney's fees. shall be assesseclagainst the licensee in
lj_{/.// . ~~'J'L------ addition to the civil penalty.
Notary Pb1)iic ! 11., ,Trainina in lieu of sl;1soension. ~fter the first violation
WIthIn a 24 month oenod onlv a hcensee may reauest
training from the New Hooe Police Deoartment in oraDer
~ identification orocedures. Said trainina shall be at the ex-
e ~ Dense of the licensee shall be in lieu of the 3 dav license
l MARY ANNCARLSON ~ susoension (,eaUired bv & 8-?(f)(2) o~ ~.hiS""",C""",O", d""e, ,",',',1:l,'"',",li,d,",,, shall
NOTARY PUBUC _ MiNNESOTA ~ be conducted oer the followmo conditions: .
MY COMMISSION EXPiRES 1-31..09 II trainina for all emolovees of a licensee must be
comoleted within two trainina sessions at the discre-
i tionof t~~~ewHooe PoH?~::p~p,~,~,;!;~~-:',:",;,:","-',';,,'_;":::,'
ill If more than one licensee is reauestina the train-
RATE INFORMATION ~na th~ !'Jew HODe Polic~ ~eoartn:ent retains control
In decldln9 how manv trammo sessions are necessarv
to accommodate the number of emolovees takina the
(1) Lowest classified rate paid by commercial users $ 2.85 per line training.
for comparable space iill. It shall .be the ": resoonsibilityof the licensee to
make certain that all emDloyees successfully com-
olete the reauired trainina. Failure to do so means the
2) Maximum rate allowed by law $ 6 20 per line licen~ee"has fc:i1ed to meet the '1rai!,i~g in .lieu of sus-
\ . DenSlon reoUlrement of the administrative oenalty
and will be subiect to the 3 dav license susoension.
(3) Rate actually charged $ 1.30 per line M The Iic~~see shall ~av for all of th,: followina c~~ts
for the tramlng: suoolles and matenals. any facllItv
costs. the oersonnel exoenses for the trainer all ad~
ministrative costs of the trainina and any other costs
staff _~':~':rnS necessarY to conduct the trainina.
Section"'2; Section 1 O~82 "Other sanctions" of the New
u,....~O("" /"';.f;.. .,.....,..,.....,1:_ ~,..,.. k...-:...'^Lo.........~................__....J_.....:....._ ....._._-J __ ..c:._u_~~y_
ORDINANCE NO. 05-12
AN ORDINANCE AMENDING CHAPTER 14
OF THE NEW HOPE CITY CODE
BY INCREASING THE SPECIAL
ASSESSMENT DEFERRAL FEE
The City Council of the City of New Hope ordains:
Section 1. Section 14-90 "S pecial Assessment Deferral Fee" of the New Hope City Code
is hereby amended to read as follows:
Sec. 14-90. Special Assessnzent Deferral Fee. The City shall charge a nonrefundable
application fee of $25. 00$35.00 to process all applications for special assessment deferrals
provided by subsections 1-6(1) through 1-6(4) of this Code. The purpose of this fee is to
cover the City's administrative cost to process said applications through the county real
estate tax system.
Section 2. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 12th day of September, 2005.
Attest: ~ (~~1L
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the 22nd day of September , 2005.)
P;\ATTORNEY\CNH ORDINANCES\99.80512-0RD NO. 05~12 INCR SPEC ASSESS DEFERRAL FEE. DOC
1
~IIN
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newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
55.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as Sun..Post I and
has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat S331A.02, g331A.07, and other applic-
able laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each
week, for ~ successive week(s); it was first published on Thursday, the ~ day
of September ,2005, and was thereafter printed and published on every Thursday
to and including Thursday, the _ day of ,2005; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abcdefghijkl mnopqrstuvwxyz
BY:
Subscribed and sworn to or affirmed before me
on this ~ day of September . 2005.
/tJf!:1/ ~~~~L-
Notary P~blic
. MARY ANN CARLSON
NOTARY PU8UC - MiNNESOTA
MY COMMISSION EXPIRES 1-3Hl9 ~
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.85 per line
for comparable space
,2) Maximum rate allowed by law $ 6.20 per line
(3) Rate actually charged $ 1.30 per line
ORDINANCE NO. 05-13
AN ORDINANCE REPEALING NEW HOPE CODE SECTION 11-3
RELATING TO BICYCLE LICENSES
The City Council of the City of New Hope ordains:
Section 1. Section 11-3 "Bicycles" and Section 14-13(2) "Bicycle Registration Fee" of
the New Hope City Code are hereby repealed and deleted in their entirety.
Section 2. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 12th day of September, 2005.
Attest: ~~
" ,} /1) ~ ( '} y
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the 22ndday of September , 2005.)
P:\A TTORNEY\CNH ORDINANCES\99.80513MORD NO. 05-13 REP SEC 11M3.DOC
1
CII:.>:.,,;.:,;,,<,IU..:.:.:.:.>
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_ _ _ ~/."X~?;:z@s:... _
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newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
55.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as Sun-Post , and
has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. ~331 A.02, g331 A.O?, and other applic-
able laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each
week, for ~ successive week(s); it was first published on Thursday, the ~ day
of September ,20051 and was thereafter printed and published on every Thursday
to and including Thursday, the _ day of J 2005; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abcdefghij klmnopqrstuvwxyz
BY:
Subscribed and sworn to or affirmed before me
on this ~ day of September, 2005.
17 rl
/ y/ (l/-M ~ ~~
Notary Pubtr6
Ie MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1-31-09
.
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.85 per line
for comparable space
,2) Maximum rate allowed by law $ 6.20 per line
(3) Rate actually charged $ 1.30 per line
ORDINANCE NO. 05-14
AN ORDINANCE AMENDING NEW HOPE CODE
SECTION 14-50(2)(a) REGULATING METERED WATER SEWER RATES
The City Council of the City of New Hope ordains:
Section 1. Section 14-50(2)(a) "Metered Water Sewer Rates" of the New Hope City Code
is hereby amended to read as follows:
14-50(2)(a) Metered water sewer rates; adjustment. For all premises where the
sewer rate is based upon metered water, the fees shall include a minimum charge of $4.36
per month plus $2.92 for each 1,000 gallons of water consumption over and above the
initial 1,000 gallons. For single-family residences only, sewer charges shall be computed
on the basis of actual gallons of water metered during the winter months of December
though March; sewer charges for the remainin,g eight all t\velve months, shall be
determined by averaging the gallonage of water metered during the winter months between
December through March; provided, however, that the gallons charged for the eight
nonv/il1tcr 1110nths eacl1 iIldividual ITIonth shall not exceed an amount equal to the actual
metered water, if actual usage is less than the amount determined by the averaging method.
Section 2. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 24 th day of October , 2005.
ri
J/ ~
Attest: I~........ .' ~()Yl1L
,
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the ~tday of December , 2005.)
P;\ATTORNEY\CNH ORDINANCES\99.80514-001-0RD A!\'tEND ~\iIETERED SEWER & WATER RATE.DOC
1
CIIIU
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newspapers
AFFIDA vir OF PUBLICATION
STATE OF MINNESOTA)
55.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as Sun-Post I
and has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. 9331 A.02, 9331 A.O?, and other applic-
able laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each
week, for ~ successive week(s); it was first published on Thursday, the ~ day
of December , 2005, and was thereafter printed and published on every Thursday
to and including Thursday, the _ day of , 2005; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abcdefghij kl mnopq rstuvwxyz
,
BY:
CFO
Subscribed and sworn to or affirmed before me
on this -L day of December , 2005.
"1 f!t~
,I "1/7 "i . /."
Nota~y Pu ic
e MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
:: MY COMMISSION EXPIRES 1--31..09
....
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.85 Der line
for comparable space
(2) Maximum rate allowed by law S 6.20 per line
(3) Rate actually charged $ 1 .30 per line
ORDINANCE NO. 05-15
AN ORDINANCE AlVlENDING CHAPTER 3
OF THE NEW HOPE CITY CODE BY
ADOPTING THE INTERNATIONAL PROPERTY
MAINTENANCE CODE AND
REQUIRING A CERTIFICATE OF PROPERTY
MAINTENANCE UPON THE SALE OF ANY CLASS OF PROPERTY
The City Council of the City of Ne\v Hope ordains:
Section 1. Section 3-30 "Dlvelling, 1Jlaintenance and occupancv code" of the Ne\v Hope City Code is
hereby amended to read as follo\vs:
Section 3-30. I))ycIUng, }>ropertv maintenance ~ccupuncy code.
(a) Title. Sections 3-30 tftr-&l:tb4l-f=.~J-ofthis G.fttti,tgf-code_shall be known, cited, and referred to as
the Ne\v Hope D'.velling Property Maintenance Clnd OCCUp:ll1ey-Code:-;- except as refelTed to herein~
-\JV:l:te-fe-+t-&Ra-l-l--B~&\VH-a-s-th:e-ffi",4g 11 in g co 6€-;
(b) Purpose and objectives. The purpose of the d\velling this Property rvlaintenance e~ode is to
protect the public health, safety, and the general \velfare of the people of the City.
(1) General objectives. General objectives of the d\velling the Propelty 1:1aintenance B~ode
include, among others, the follo\ving:
a. Protection. To protect the character and stability of all areas \vithin the City.
b. Prevention of adverse conditions. To correct and prevent conditions that
adversely affect or are likely to adversely affect the life, safety, general \velfare, and
health, including the physical, mental, and social \vell-being of persons occupying or
utilizing structures \vithin the City.
c. Health standards. To provide minimun1 standards for cooking, heating, sanitary
equipment, light, and ventilation necessary to health and safety.
d. Overcrolvding. To prevent the overcro\vding of d\vellings by providing
minimum space standards per occupant for each d\velling unit.
e. Maintenance. To provide n1inimum standards for the maintenance of existing
buildings, and to thus prevent deterioration and blight.
f. Land .values. To preserve the value of land and buildings throughout the City.
(2) Discrinlination and privac)". Inspection and enforcement shall be based on the
requirements of this ~-Jffig-Propert)-: Tvfaintenane-e G~ode only and shall not be used to
discriminate against any person on any basis or to interfere or permit interference \vith legal
rights to personal privacy.
1
(3) Right to livelihood, The e~ity council does not, by this d\\'elling Property ~:laintenance
G~ode, intend to deprive any person of the right to livelihood, except \vhen the pursuit of that
livelihood is liable to be damaging and/or hurtful to the public health, safety, or general
\velfare of the people of the City.
(4) Contractual relationships. With respect to rental, lease, or sale disputes, and except as
other\vise specifically provided in the terms of this d\vel1ir:g Property: rvlaintenance e~ode, it
is not the intention of the G~ity G&~to intrude upon the fair and accepted contractual
relationship bet\veen tenant and landlord or bet\veen buyer and seller. The GQity OOHBeH-does
not intend to intervene as an advocate of any party, nor to act as an arbiter, nor to be receptive
to complaints \vhich are not specifically and clearly relevant to the provisions herein, nor to be
responsible for certification of the condition of structures, fixtures, or facilities. It is intended
that the contracting parties exercise such legal sanctions as are available to them \vithout the
intervention or involvement of City government.
(c) R~de:; ;nz~! [,1;.jhl'ftio,'.'.Y General requirelJ/ent.y,
(1 ) ~:\~ t}i3"lf€.a-8+H-t-1~ \! eF\L9t+i-lffi:Bg-afH:i-+t~fB-ffii-s€'6-aflG-c1fl\r :1 cc esse-FT-S-tFHetHf~FG&t~
..... III' . ....... ...
ffiBfe.iTn to the requiren1ents of this dv,"elling code, regJrdless of ,,,hen such building 1118.)'
ha.:ve-l3tt-ft-GeRSt-Rl€-teEh-a1tered, o~+t:€d, except that no ::.:tructure sl:l-a-l-I-ee required to
c x ceOO--t-lie--m:j-H~'ffH:tffi-&ta+iOOr-El-5-t':~'HB-tatH.e€.--l-A-tfl e bui 1 din; cooe eft~.:v-e-aR~~~~
~f its ct:,l1structiol1. This cl'."\'elling code est:tblishes mir~in1~ln1 ~tandaids for erected
-&t-FttGR:tf€~ ~ aBBe--s.ser\t s trll ct-H-f@-s-.-rtfHJ..-f~G-r>re~i s es. \\rh~e '.' er th~fds " d \\'e 11 i ~
~ .."... .. . ......... ~
~Etw-t.~1iB-bL.t:fH:H~)H+1"e~-n g II. 'I GHfHfHBfe-ht-l-fa.ffi+~~-a-@-ffii:.11 fa ci 1 i t:r ~II. II fH=-Bfltl sc~~ II. or
"structare II ar@---tl5ecl in t1:i::: d \'/e Hin.; code~ they shan be construed as thou;h they ,,':ere
fu+1ffiK~~~~F--a-t~;)aft-t-H~~
( 1 ) The requirelnents of this Prope11Y l'vlaintenance C~ode shall appb/ to all bllildin~
structures and property \vi thin the C~it)/.
(2) !-\11 buildings and portions of buildings~ including mechanical, electrical, plun1bing
and other building svstems~ previouslv constructed or installed in accordanc.e \vit11 the (:ity
.~~!.~~~~_~~!s:~""~~g5:lt?"~: 111 L~"~~_1:_~~_.!.!!~L~!.!.~i~]~..sti~]m.~~? n &Elnan c e ~v i t l.~.!h~_~~g!:!. ire!!!~ n ts C2.[_~b~_~_Q des in
effect at the tin1e of construction or installation.
(~.l._.m__....mm...~_ ta te ~ ta t~~~_~.~_~~1].~~.~~~~m~~lli~11 al?Q!rJQ_~~jJ~~!_~~isti 11 ~Q uil~Ii!!g~...~ll.e cons i dereq
pal1 of the code.
t~J_..............m......~1?~~}.!l~!"~~_q.~!.i.~~~1 e I.~~~._ 0 f ~Q~b~.!~ s e c!i~~ S 0...(_1 his ~~~st~~i!~ c 1 u d i !"~g;.j.1 u t._.!!_o t 1 it!~i~s!.l21.
zoning, fire and nuisances, shall supersede the general requirements of Section 3-30 of this
code.
(5) In cases \vhere. a conflict Inay occur bet\veen requiren1ents of this section or other
codes~ the requirenlents providing the greatest degree ofhfe safet'y~~ propert'y" 111aintenance and
oeneral \vclfare to the Citv sball Qovern.
.c;"_."~".__""""~._._"...._.._.__..__"_,."".___.~""_""."."",,:...__.._-"_."-_....'.:....~--~""-"...-
EJ1-(6) Sep arab ilit}', Every section, provision, or part of this fl-w.e.ll+Rg-Propertyf\.taintenance
G~ode is declared separable from every other section, provision, or part to the extent that if
any section, provision, or part of~this d\velling Propertyi\.:Iaintenance e~ode shall be held
invalid by a court of la\v, it shall not invalidate any other section, provision, or part thereof.
2
(-J-}Qe-fH=H+i-Hns. \'/heBe-\~-r-FH----af1f)@fl rs in th e te ;-~t 0 f th iE-m.ve 11 i 11'; code ~ i t~
R-1&l-H-l-Hg :~h~1+-9e--GBfl-S-ffttGfl.-a&-5et forth in the eWR-ition~~ herein. \\11cnever J. l.YofB-.i5
not ~pecifical1y detlTIed \\'it11i11 this subsectil:)TI. the definition for ~aid '.vard or te1111
sftt'1lJ..B@-ft5-5@t-feFth-+R-#le ~Je\Y Hop~njng Code ir.. chapter :1. otherl,\%e the general
aWFHtiBn~'; :~&HBrth in cha}7teH. of this Coae shall aF~
..-1i)p/~ove:./ nle~ns Jccept-a.e-le to the citY-1:=1la.rlager or the TIlan:1.;er's desi.;nate~Rt
~llo~i~eter~&~~e~~o\~isiollS of this ~od~
C~!t(;n nie~lns ab~;en~R:tBffi5ft,garbag@~ vern1in. 8nd otfter unsight-ly offensi\'e. or
~ReeH-5-rBatte-f-;
Cl()r7;/';~cr;:~';':;! J2:{:'i!itics n1ea1~~ 8ny bB-i4ding~ structun~~ pren~ises-;;--e:F-fa~' \\'hich
5tI:}~rt:~ ~ ~";he-l-t€r~~ ~ ef-e-Ht-lB5e5-a-By-Btt5fR@s~ ~ 0 C C u pati e~~cn t ~ or ell t~RsHv-flel'ei 11
nl:ltelial~ or merch3ndise is stored~ exhibited or sold. or '.vhere services are offered for
e-emre+t&ation~ and '.'..:f}ich i~~ taxa9+@--and for p~
C"Dnnno,': ;;/.ca~\' ll1e3ns in a lTIuHiple fa111ily d'.l:elling~ h311s, COITidors~ passage\Y3.Ys~
utility 3.H:~recreatioH:al-r-e,=~4-€~:terior 13-Hd:.:caped area~. not uI~d-€-f-tRe e:~clusjv-@-GEH:HffiJ
H:f:-eH€-h:'1ffti1JLfi-HMB.f-tA€-tt&&-aBJ--l.-)GR~ n1 u iti p l€--h:m1Hie~~ sh~ill be-eeR&idcred COffilBOO
Jreas. C'o111n1on areas shall nBt---B€ considered a--part of any d\'/ellin; ur~it f9F--f*H13e5es-ef
C 81c u la ting 11 3. biffiB.l~a~I=-nBfH~€ffi-t+a-l,-l-1-1tH-t4J}+e-EH7&HpaH~illkH_'1f@aS
aR4RH5@-\\4lli..~HBt-tlBBef--lf1-e-l~~~Hffi-:H-ef~x.l&-e€{'~'Hf3an t 's olJefi1t-teH-rtREl--aFB
jointly utilized b::' or suppertin; 11111ltiple operations.
El.:.~,'i~~.' t'!c~:1":1'h!c lBean:~ rcadH.y--a6Ge&&H:tle--a~eB-a-:l-aBd finish :lRe-s-e
fabricated ~~nd placed that re~idue \vhich may :lCCUn111l8te can be cOITIpletely ren10yed by
ReFrna-h...:4€ffi1ittg-fA~edS7
Fh{sh ~~'{;tcr C/().Y(..)[ l1l€ttnS a toilet. '.'i,'ith 3. bo\\'l 8nd tT3.p made ir.. Olit pi@ce \vhich is
~HRected to tll~cit). ~'at~R~~r s}rste~~~~ ~~
&).:&8...2fH-;
F'[I'tlCtio;zl;:g H:-1eanS a sti~lGtBF€ or a paft-tH-@f@eJ:-et=-ar..y tlxt'..lre of-facility req~HR..~
tl1Bfe:i:B-R:l--Slt€l-:1-f1B:}z.s.i€a~-BEH-1Gi-t:iBB-aS-te-5-a--fGtY:iH~-FffiFl-B-f~1e--se 1."'1 ~~f-5-@-ffi€BS-:f&f-\~-t-was
desi;ned (:")1' intended.
G :i' rb :i:; C me:.l'RS-ffim1-1a-l--aH~~J:@h:t+}-le-v./-asles-l-i-a-l~@-~4:)ffH3ftl-tOO-1:gsul ting .frt:lffi
the handling. prep~~r3.tiol1~ ceekin; 8ncl consumption of 1'00&
If :11 b it {; h f \.~ h ZL if d h Z ,g n1ea-H-s--aRJ~d in; or l~a~ef.tl:h:1-t-meets minin1ffi1-1 ~~ tar.. d aras
fer use o.~ 8. hOll1e or p lace of aLleae by one or n10re persons.
~bi:ab!c;~)o:]: ~~~~9~~~~~e~a~~e use~~~~@~
11 \'inb~ sle@pin;. coektng~ or eating purposes~ excluding bathreon1s~ '.vo. ter cIo:,€{
Ge-ffi}3~~-t-Rclries~ fum-a€€--f-EH:)~aBtries~ utility rOet11S of less than 50 S(r~-tare feet of
flBB~ae~rs, GeA~~~~dors~ st3~ra)'S~ cle~ts~ stor8ge spa~4
v'.'orkshops~ hobby and recreation are:1S in p:trts of the structure belo\v grcHmd le'/el or in :J.ttic~~
aREl--H-t~+ni-s-1-t@e..-ea&~r cell a 1'5 (thes@-\~ffi1Gt+t-A-ee-f--€B~ ~erin;~ c e i l1-Rg-Bo \ 'ering~ \ \'al-l
filli ~~ h ~ re q tffiB~~+tat.j.oo."i-Fe-ft-t.t-H:e.e-c.~.le€-tft-6-9ut-1et~fl-Fe.Et&ife~~~-esj-;
11('(:/:..':./ ~~'atc;' me~~n:: \\'ateF---B~d to 3. temperature of not 1es:~ than 120 de;regs
f=-a.fl:.FBfH=l.ett-sF--49-Eie ;re e s C 811 ti gr-a-El~&'15-Hf@.a-a1:-fatteGt-eH-tle-h
"')
,j
fJ;~\'LUt i:L-U~~' 111eanS as applied to 0. struct~lre 111eans liable to be a do.n;er or hazard to the
B~~@-fSB+15-0~n~ or freftB~ntin~ it ef-t-e----tRe public. if su~tger arises fr0111 tft€
.... .c..-.. ......... ... ~
Hle-tlieGs-ef-ffiat-Gfi~~tti-&~f-Jfet~-ip-m€-H-t-ffi-sta-l-l€d therei n for the P ul.peses-ef
lighrin;. heo.tin;~ ventilation~ or plumbin;. or from e~~isting conditions liable to cause ro.t
+H.fe~tlt-iffi-~-H-1-fB-fe~tJtioHy-aecumul:.ltiorl of trJsh or d~-s-----ffi--t+1e building~ yards, or
aB€{,~e~.e-R+K.2...f}fHRB-f1i~e.s-0nH-Be-a-S-ttH-&c"1-fHi-ar-Y-)7
Kitchen mean~ 3. space \\'hich cOfl-1:ains :.l s1n1: ,-,-'ith counter \'vorking SpaBe,--aEl~
5-i*ta?--ft-)HH-s+a-llffig--G-eGk+ftg-.:'1B4-f@-fHge~ifH:j-etI-tH-pme-H-1-;;--a-R&-aBB-ftth:tt-e--spaee-+e-f-S.tBfa g c of
oooking l~tensils,
J~:!t~!cj~:J;i~'d1~~1!hlg~~~~~~~~~~~Ril1;tl1re~~
d\vellin; Uliits.
L~ It:! : ii?! L) (-J C C ~lp:; /; C).' 1-B&'1-B-S--t-l:lB-Hef7L.-L}:*B~*H-ki-iB-g---t+tc'1-t~J30l"tS ~ she It-eFS-;--Bf
encloses Inore th8n aile distinct and sep:Jr:Jte ~lse; including multiple d\velling ~lnit~~ multiple
Ge-Fffil1e!:e-ial-BfH~fa-t-ieH~ffia-tffi~~e-e:H:ttH el" ~lses,
..'/onjJubfi:.: C{;'CC:5' n1eJnS those areas in 3 nonresidential t8cility \'vhich are not normally
0€€-~a-By--tR~-R@-r-a-Jf"H-b 1 i C 0.1" 11 e~-lBY-@@5;;----eF-tRes@ \\' 11.i C 11 \ v-e-Hkl-9~c C e :.~s i b 1~€
fP--l b lie u H-El~B-ffi11:t!-e.i'FBtHf15t-a~
}\7[n~rcsidc;,\ritl/ "f'ccilit~)' IB-@ffi-1-5----a-l:rHildir..; or St1~l€t1,..lre \\'11 iell i:~ u&e8-t~ther than
f@&ifl.e.H'8-t:t!-ftHF13H5~1*ffi-&kH€-h-5-tFHG-t-ttr~F--a-StFt-l~ a paft-ef-\vh i ch is u ~~e4fBf-Bt~f
than residenti:tl purpo~e::;~ and in c\'ery case~ the pren1ise~ on ~l.'hich such a structure or t"3cility
+s-l-e&al-g4-~J+1is-ae&1-gt1fl-t.ixm-s:l~aJ4-Hl&ffiBs-9tH-&h a J.l not b@----+ifflited to 11 Ll rsiRg-t1B~R~
heH:j~B-S-I3-i+a-l~l-tHeJ.s-~--€ltH-fffies~ t~tt9+i€-8t+i-k1ings. day catOe centers. hot&l~-Ei-all
OOffiffi€rcio.l facilities. "This clesi;nation shall net--i-H.€-l-Hde buildin;s s~lpporting appro'/ed h0111B
eG€-l:tJ3at~Bft&;
OCCUP(~I',;G~}.' 111callS the pUllJose for '\~\'hi ereof, is 1,..lsed or
i-Hl.gH.fl~-te-9@-ttS~
C)CCtip(~n t lneans anY-13@f50n (incluclin; O\~.11er or op€ffi1tor) inhabiting o:F--eccup:.in;
ctfiB-H-ti-l-iriws-a-B-B-HBfn-g--8f-t)BHieH-t:hefeeh
G)ccupic[! n1e:JI1~, for d\vellin; ~lnits~ occupied areas \\'i11 inc Jude those area~,
ae s i gfi-a-t-e-El--atH:l--H-t+kR-4-as--haB+taB-l~3-ae-@'~-a-&-\R*-a-S-REH:tftafH+a-e.t@-5j:)fH.~{5 S \\' 11 i C 11 are e as i ly
aB€€55-il~-e---aRtl4iBf-R~a+l-y-tH-i-4z-€:B--By-t+1~*t1t-&;--~RBRre5-100flti-a-l--:k1-€-H-i-ti-@5;--ge~h.~
'."ill include all areas ~ltilizecl in the oper8tion of \'.'hate'l..-er use occupies the building,
C)p ~';'a: 0;' mcaft&-t~Y-H-e-F--&H~ffie-fta-5-ffiar.;e, c are ~ cont.ttH-;;-Bf-B1ano.gen1eflt
of a b1,..;ilding, or }J811 thereof in \vhich dv/ellin; units~ 1"001111n; ul1its~ or c0111mercial or
+nEk-!-stR-c't1 f3cilities are 1€-h
O:;'nc/# Incans any person~ flTI11. of--BBil3eFation \vho~ alone~ jointly. o~
e t h ers ~ ~~lm+l-B~€4:B-a-l-i*t5-Se&&i-el-1--B:f--e r 11 a ....e c 11 3.r .;e. C:1 re 0 f---ffiffiffiJ-e.f 8 n y bH-i1EH-H-g-BF
l?f}f-8-eR-t]qeF€ef-\\.:.itJ-~i-B-t]q~ts-ewHe~~~f-fl get11--ef-t-H.e-ewHB-~f as trust ee 9f
;uardian of the estate or p@f5on of the title holder. ~\ny such per:;on representing the a€tttal
&Wfl~-a-l-l-Be--BffiffiB-l9-€Bl-Bp+y-wi#l-tR e l)ro'l, "1 S ie~~~~-t-a5-t1:l€
9WH~
.J.DC77JZ;'ss/b/c ()CCttpCi/,'CJ' n1e3.RS41e--ft-1a-k~m-fH:l+Bber OfP@fSeRS-fl@-Ft-Bttt@d to reside in
a--B.\.v-el!~-B-g-tl-B~-t-&HOOn-14.B'g-HH~-h
4
P/z;/llhirz;; 111&1ft5-a1.l of the follo\ving :~:'lpp1ied facilities and equipment: ga~es~ bas
StUll i n ~ e q ~~ffi€+1-~Vflt~^p e s~ ~ t g.a-ffi-T34t}{?s-,-gaffi~B5&1 u r:.i t:; _ 'tV as t-e~e&;-4~.:.at@f
""-'" . J ~. ........... ~ ' ....
€-le-s~stR~t100-4i-s-llwu5he~1t8Fi-€ s ~ bat 11 tLl b ~~ ~ ~h 0 \\' e F--B-a-t+1 ~~ ~ i 11 st 8-l-l.eB c 1 othe ~~
washing lnachines~ c~~tch basins~ dr3ins~ vents~ ~~nd any other sin1il:1r fixtures and the
i.l1:~tal13tiOH-t-1ieFee4;-te~th-@f-\~l-l-€-eR*ctions to \\I~@-\~Hd ~:lS lines.
-iDrcllz/:;e:; 111e3ns 8 platted lot or p~111 thereof or unp Jatred parcel of l:1nd~ eith€f
eGe-Hi~l=--t+BB8..~e-~.:...ffi\Le 11 in g 0 ~l.,J:@ 11 i 11 g s tru etu re ~ i i1 C lu din.; sue h-b u i 1 din g ~
a€BB&SBl:y-st-FH.e-tH-F@ ~ Bf-Bt-hBF--&H=t!€H:1f&-t he 1" Wit-
JD,'"OI) C,'~ COt' j' ,'Zcct/C;ll :0 ~n j' ::17r~ ;~O'~"~~ d oS';..': '..cr 5~~ 'S {t'/ll FA@aftS--a-P..+R€:t1 of:.in; SeA-vef
~~~~ee ~~~~~ns ~'ith sLl~ciGnt c~)~)r to ~:1in all
fi~tures or appli:1nces ''\'hich feed into it. The se'.ver system (be it I11unicipal or pi"iv::lte) n1~lst
~f3Q b Ie of Elt&f-1e&iRg-ef-se\s...:a;e i-B-a~:J il i t3 ry, 3HB-ade~~ffi~
P;A()]JL:;. :"U/I'11;c~.':f(J/z to ~/Jl c:j7/J;"oy::,'d ~~':..;tcr .)~}.',y:(.',Tn D1eal1S :1 functionin; phl111bing
f7ffimgGt+e~-fFefH--a~fgG~a-~f-9B5t.ftlffii-EH-t5i3rO '. 'i ding aB-t+R€BH-tamH:1rt-te--d, cantrall:] b 1-(5
fl-9\~4+H=B-kl-e-F-fleat-e(-l4-~
[J 1 ,I b / j c :: I~.C c: sFBG:afl-S-if1--a---BeBRa.s+e"eH-tia+-faffii-~e-s€ are 3-S \\4fi€-h-a~Brmally
e<..~tl-fi€ db:!! t 11 C s€-fteFa-4)*-H~.e-eH1BfH3-rn p 10) I C e s. or t 11 o:~ e \ \' 11 i ffi-we-H-l~te-a€Be S ~~ 1 b l-e4e-tRB
p:'lblic under norn1al CirC1,..lnl~t:tlices"
.R.. (' l' Z.:!';) I' I' ~: b !:: ~.;;; ;. c nt€-Cm-5--l~er-€-i-5eB-9J1-.BG{.~lf}l:m~-c-a-sHHutH%-C--afB :.:h a+l-8e-l4:1RS-iBer-@fi
the tre~~tlnenl of ~dl s~lpplied ficilities~ fixtares~ equipn1€-fl-L and struct:'lral elen1ents s~lch that
~.at+BH-&t~~~~@-+)bj"eGt~BB-&tRt.'?'f-fHak-Ra-l:s-i-s-B-t~~.f-a g; e aflB-fH3fffia!-vve-aHffi:e.u-gR
tt&L~1th-e-F-tl=ra.R-e-t:l-&-k+-HB-g-l~h
I? ciz, s c ffH~fH-15-a+l p u tre ~~ c i b 1~lf1-G-RBfli*H=€5Gi-B-J%-\3.,~~-Gtl:-1b~:tCH:l=*a-g~1d
R-l'OOi-&~
Rc/z[Q! [!1;!C!!/;;~ Sf d~~'()!!in~ :~~~~~~~~f
lea-&8-7
Rc/:tC!JIO:::.csidc;lli~1!j~cf!i0' .~~~~~~~~
I{(,:p;:n'/' lite~1ns to 1"c:::;tore to :]n appro~/ed state of opero.tion. ::;erV"ice8.bility~ or
at=tj:}@':'11:a-R€e-;
Rudent !i;:,/;'"ho;":/g:...: I1ie:ll1S ~tGe '.,-'here rodents :Jre liable to li\~e, nest. or s~
:SB~
ROOlll in:; hUl:.r;e means :] b~lildilig other than :1 hotel \vhere. for con1pens3.tion for
Jefim+€-f:1eR~00g-m.g-i-&7ro--viJe~~ef50R&-Re-t-ef-t+l~~a+-t~tHJ~ttt-Ret-ffi€lHd in~
a-+)tH-lEt-i-n-h:LJ.0-ffilA.El-i.n.g-t-fl.i.&--s.gAAG€-J"&f-fHefe-l.J:t.Hf14e-R-t)@fSeH-Er.-
~o;/:/:;gll;;i:A~~H~~or~e~~~~~~~l~~@~
er-i-H-l%FlJBd-te-be--HS-G(-l--1BI:-J-i-v-i-Hg...a'H.a--slee-f1-in-:~Ht-HBt-4Br--€Be*+n:..~1-fHi-{'2.flt-~R-b~e-&e-&;
1< Lj' b b i,;~. h 111ga+15-HBilI3-HfR-&Gi-8-l-@-SeB-tH-Vflstes (ex clad in; a5ft~H :~i st in; 0 f befu
G{-)ffi&l:-l-&11-l71-G-ttHEl--HBRGEH:j.1-l:n-i-&t:.mlB-\-VcbtB:;. :'H€-R-a-s-tnl-f1B-F-;-ffiFEiB~a~f1-efH~-50zaffi-e+iw ings.
\vood~ glass~ brick~ p l:1ster~ beddin;. crockery, 2nd S1111il::lr TIlaterials.
~ffi@fH:-16--tRB-GBREl~+ieH--BA)e.ifl.e--fBaBBftHfH-\ ~ tre e fl"eH-1-Ela~1-H d bazard5--\ffiiffi
.... ~..:.......
l1i::1Y ca~lse accidents or diseas~
,S'igJT " FR&tfl5-a-H'.y-\-wi tin g ( ~Re+HGiB-:f:--1e tt er~~ . \vord~~ of-fl-H-me-ral:~) ~ pi&tBfi.al
....... ' repre~entltion (incl~ldinb ill1Jstr~ltions or decor~:1tiOl1S)~ emblem (includinf; de'.:,ices~ sYlnbe-l-&:-Bf
5
tr8demarks)*f18g~ banneL stTe3n1eL pennant. sinn; oflights~ or display desi;ned to attract the
attention Of-t.fte-fH:lblic~ \\'h~,grit be :.lttae-B~ :~tracture~ p~~jnted on* o~
maflt1~f@-f1f&St..2I-1t-eB-E}R-c~tH-l.a-i+t~4tH:ttl=te:F-&tffiffiH:e or on th e h'rJ'Ot!flG:
,)~;bst{nld{;;'d b::i!ding metlt15-aftJ4:1\':elling or nonresidentia-1-+a~l,~Bes-BBt
OORffiFH-H-e-tR~1-Bffiffi1:1-ffil.-S-taliffiH:El s c ~~ tab Ii s 11~))Lt:fte-G+t:y-G-BG&:
SupZ;.'icd Inean:=; p~id fG17--Atrnffit1ed by~ P~g~T-9f-tH--1El-er the centrol of-tHg
ffi\.q:H5fw~-e-feh'1tBG-0F--a.ge n t 0 f a-B-tfila-i-l-1-h~e-ffiBB-tflBfe&h
.5 t ;.~ I' (':::,' 'C Tn€ttRS-a.l-1-J4fl+Rg:-e-4=eG-te~ilie-use 0 f '.'/hj cl1--FettttfFe--5--ffiB-f{5 or 1 e sSf1erma-A~
1~~~~~e~~~etllill;h~~elltlocatio~~egl'0u~
L!nSC.:rCffi~El---te-c'1-S-tfH~~ a conditiffi1-Br conlbin,3tioR-of conditions
ltctl.-}].e-tB-l-}@-tt-ElaH:.~:-er-~~H€ ~ s~fgty.~-ftF-h e a It 11 0 f pe-fS6fl-S--BGB-H P :~'in g it eF
frequentin~ it or of the public and in danger of settlen1~ovenlent~ disinte;r3.tion~
~H&t-iB~f-G-ell-ap~e. \\'h~f--S-~r 3.~-ise~~ fror:1 the m€5#teEl---0f-fB~
e-eRstffi-€l~-e:H-e-F-44=Bfl-1:-L:1(tL~fH,,*~B:R2ffi-fef-ffi~e-&e~; of 1 i gh tiI1g~ h&~
tr811sTI1ission or utilization of electric;)} po\'.'er~ or froll1 obsolescence or deterior8.tion~ or fron1
tt-s-+eea+Km-ef-Btf1eF\:V:~
(d) Code adopted. The International Propertv l\faintenance C~ocle~ 2000 edition, as published b):,
the lnternational Code Council~ is adopted as the property maintenance code of the C~ity'~ for the
~~Q~ t 1'0 1.._9J~..l?~~.iJ.s!!.!!g~....~~.!!~g_..~.~_~~~~.!~~.!~~.~....~~_Q!.~Q..y.ts!.~~_.i!!...! 11 i ~ s e~!.LQn ~.. a 11 d ~.9-c 11 a nel aJl of tl! e d_~fi nit i on~~:.
regulations~ provisions~ penalties~ conditions and te1111S of such code are referred to~ adopted and l11ade
a part of this section as if full~{ set out in this sectioH* \vith the additions~ insertions* deletions and
changes as set forth in Section 3-30( e') ';Rc.vi,viollS '.' of this code.
.f~.1............._,B~:j~_Lf!!.t~.:_,.~:[h5~_J211Q~y.~..~.g_...~_~.~.!..~.2!l.s _2X....~.h~_,~Ll].~X.~2~!iQ~?J..~PIS? perty_,~t~!]!:.-~!laD_~~__~2~e L~Q..oO
~g.ili.911 ~__are ~~!.~~ d _~~.:t.911 0 \\;~~..~.
(1.1_......_..........._,.$.~.~!.L~~!~_..J9_J__~_J_:_._:Z~L!..f..~~.:_.....:=~!!~.Q~1~9.._..~.2_.X~.~Q~.._.....J~h.~?.~.._~~~.g~Ji~!j~2.~}..S sh a J.1. J?~_ kn 0 \~'~~...~~ t.h ~
E~P.~.-!~~YJ~~[~~.!.!!..~..~~!.~~.!}.~~_....~~g.2.~.m o(_~)~~._~iI)~..._2:l.~~..~,~.,_L[Q~2_h~E~i.113:.r~~", re[t;]I.ed t2 a s ~~Ql~~:!)~
Lvlainten8nce (~ocle.
i~.},___.;.?..~.c ti2.D_..LQ~.:l.:.../llZIZ!L~:~.~~JJS!!J._QLQrl2~!~:Q.~r~~?~:_6-I1l~}!5!~~9.J~~~. ,R~.2~Ll~~ add..~D.9J}S ~
alterations to a structure or _changes of occupanc\' shall be done in accordance \vith the
procedures and provisions of the IVlinnesota State Building Code and the.Ne\v H.ope Cjtv
Code.
(3) Section 102.7. ,ReFerenced codes and standards. .:J\n1ended to read: ~Al1 references to
.9.!J~~~. c q_S~.~....2~-.:~_~~~.9i!!.~s!~_.~i t l~i~_...~..bi~._~EQl?.ert )~_lvI ~i~.!_!e n ~]~~_.r::_9 des h ~ll_ ill. e a 11 t 1~ aQl~.i cab 1 e
provisions of the Ne\v Ilope ('it), ('ode or Ivlinnesota State Building C~ode* \vhiche.ver is the
1110St restrictive requiren1cnt pen1.1itted under statute.
(4 ) Section 103.2. ,Appoilltllzelll. Delete entire section and an1end to read: The C~it,{
rvlanager or the _I\:lanager~s designated agents shall be the code official responsible for the
adnlinistration and enforcenlent of this code.
.........___.~~.~__..~........-~__.......--.....-..__+y.........y.........~_..~~_............~~~_......~_____~.~~__.~n~........-......~......_~.............~~~~_
(5) Section 1 03.6. I~'ee~)'. i\n1ended to read: l~ees/continu.iJ(e: violations. i\ fee shall be
l?_~)!~1?1~~.1~!~_~_~~!~x,.i.!?~~~5~..!iQ~2...!~~E~1 iZ~gJ?y S..~~~Lq~l,=} 0 0 t~~11is g~d~..~~Q~es~~iJ~d 12Y ch~pter 14
of this code. i\ single fee shall be due and payable for the initial inspection and one
reinspection related to the code conlpliance action.
6
~__._...:i~Lf!.LrL~~!.?.~!IAfj~~~~.._:~n_,!~!_Qi~i2.!}~1 fe~...9S prescribe9 b )~_~ t er 14 0 f this code
shall be due and pa'lable for every requ ired reinspection su bsequent to the first
reinsp_~tion .l)ro~~id~i!1.'2..~ in tll is ..?..ection.
b. C-"olllz'nuin,Q: violation a separtlle rnislleilzeaJ/or. In addition to the additional
~~tion~_~~~~~i~~l~~cti~~~~!~~~~olations, eachpeliodofte~
(10) clays after the initial 60-duv period of the violation shall constitute a
nlisdemeanor violation of this code.
t2J____;?ecti 011 IJ1~~}1_~~..!~~"Qf' a J!J?e(!.L_Q~ 1 ete en tire sec~i 0 n_~n (L.~!!~n 4... to read:
a. ..4ppf'ah;. i\ppeals froll1 a correction or compliance order issued by the C~itv
l\llanager pursuant to the Property Ivlaintenance Code are governed by and subject to
the provislons of chapter 1 of the NevvH.ope C~ity Code.
b. Penallies. ./\11Y' person \v11o fails to cOlnply \vith 8 correction or C0111p1iance.
order after right of appeal has expired~ and anv person \vho .t~1ils to c0111pbl \vith a
..rp~~!J:}~_sl...~..~?.~.~~_~ii2!~_..~. c ~~~.!pJ}~Q~ 0 rd el~...~i!hi l}l~~~JiE!.1~..~~_~...~.h.~rc 1 1!..:..!~!1 d a ~LPers 0 l}
\v11o violated any' of the provisions of this Propert,\:' Ivlainte.nance Code by doing anv
act or o1.11itting to do an,\,' act vi/hieh constitutes a breach of an~/ section shall be guiltv
of a n1isden1canor.
._~~~~__._~r.~..r~~~~rr..~~~I~_..~r..Y_Y.
c. ..4!lc'i7ullive sanctions. In the case of comlnercial facilities \vhich require
U..~~!~.?jl!..g_...9..I!Q_....!I1_~!.I~i121~..._.~:~._~.11L~~g.~_...,:~_~~i~~l~_._..!~~g~iE~._.~~_gb~lT.~~JgT!.;.._..~J.2....1i c ens i l~g_. o.r
registration nlay be revoked or rene\val \vithheld until cOll1pliance \vith this Property
JVlaintenance C~ode.
d. E.yccutiOJl oj' corrt'Clioll or con/IJlianee order bv public authoritv. lJpon
failure to conl.pl~y \vith a correction or c0111pliance order \vithin the tin1e set therein
a 1~.9__.!.!2_~21~.~..~_.....~a_~~i!.!.L~~~_~l!_.. t ~!ce n ~ 0 r u p on fa i 1 u re to c_9.!T!.2!Y \v it ham 0 d i.ti cd
correction or c0111pliance order \vithin the time set therein~ the crinlinal penalt~l
established hereunder not\vithstanding. the (~itv C~ouncil may by resolution cause the
~.L~st.s!~!1~.~!~~L_t.Q_.l~~!~~ cd i ~Q..~~_ s et ~[Q.!J:hl~ ceo rre c ti oB_ 0 reo n~~b_~~~~...2.~d e ~
The cost of slIch remedy shall be lien against the. subie.ct real estate and may be levied
and collected as a special asseSSlnent in the manner provided by ,lVlinnesota Statutes.
(7) Section 202. Cielleral definitions. .:~n1ended bv' adding:
a. In,\~allila,.v as applied to a structure nlcans failure to 111aintain healthv
conditions anclliable to be a danger or hazard to the health of persons occupying or
frequenting it. or to the public, if such danger arises froin the methods or Inaterials of
.~2!~~!~~!_~.!.i..~~.:_...2!~j~~5?!.]]_._..~g~1?!!1 e r~J:j}lg~ 11 ~.2_.. t 11 e!~~~~~ro t~Jb..~_..P II rp 0 S ~~__9IJigl~!il~.g:
heating~ ventilation~ or plumbing~ or frOlTI existing conditions liable to cause rat
infestation, vennin infestation, accun1ulation of trash or debris in the building~ yards
~~.~~_.~_~~~~~.QEY.._,~l.~~~.~~~__~!!"_.th ~_J~l'en 1 i ~_~..2.!~_...fIS.~2J.l1 o!s!:~~ II s b~g con d i Ii\? 11 S (s a 111~. as
unsani tary).
b. Occupied for d\velling units means occupied areas \v111 include those areas
designated and utilized as habitable space~ as \veU as nonhabitable spaces \vhich are
easily:" accessible and nornJallv utilized by the occupants. For nonresidential facilities,
2.~~l.!pi.~s!....._~!e as _._~D.L. i 11~) U d ~.."~l.!._~~~~ s II ~.!J..tze si....h!.. th e 0 l~~E~!l.2!l-.2J~~~' h~~~~~~~.._..u se
occupies the buildin&
(8) Section 302. Exterior PrOpf?tv .Areas. l\mended h)/ adding Sections 302.1 O~ 302.11
and 302.12 to read:
7
a. Section 302.10. Re7Jl()val o(snolv and ice. The o\vner of a TIlultiple-fan1ilv
residential or C0111n1ercial building shall be responsible for the ren10val of sno\v and
i~~ f]'o.~~.parkt~g._.l~2!.~_L~!~~.~_~\\~~)~~_~~l~~:_~~_~~~Ds \v3:Y~_..2!.1 th~JJI~mi s~s \V1. th in ~:!.
hours of the cessation of the sno\v fall causing the accllnlulation.
b. Section 302.11. IllunlillatioJ1. The o\vner of a multiple occupancy building
shall be responsible for providing and 111aintaining illun1ination in all extelior parking
lots and \valk\vays \vith provisions to control glare affecting sUITounding properties.
c. Section 302.12. LOllf!5;capin,Q ill 1.'arcl.(,; and setbacks'. .The o\vner of an'{
building shall be responsible for providing and 111aintaining lan.dscaping in all y'ards
~1J.19/.2E_..~~_~_Q.~~Ji~?__9:.!lQ a q_.~Y~_~_~~.Q~__..~~i..gna t~5if~T.J2.~~.L91I'!gs~ .~~~ u 13 t1 0 n ~arki!!gJ2!
storage on the pren1ises.
(9) Section 303.3. Prellli.r,;es identificatioll. Delete the text ~'4 inches (102 mnl) high~~ and
replace \vith ~'3 inches high for residential and 6 inches high for con1merciar~.
(10) Section 303.13. rVirulo1v, skvlie.ht alid door {raJ7u.'...,'. i\n1ended b\' addin g Section
303.13.3. .Slornz lvindoH.'s.
Section 303.13.3. StorlJllVindcHvs. ./-\11 openable \vindo\vs v.lith a single laver of glass
11111st be provided \vith tight fitting stOTI11 \vindo\vs. Storm \vindo\vs 111av be
telnporarily ren10ved to aHo\\:' for the installation of screens during periods of\vann
\veather.
~~"n~.~~~~~~~"""_.~~YU~.. r. ~ ~.~
(11 ) Section 303.15. ])oors. l:\nlcnded b\' adding Section 303.15.1. .AIulliple-ICinzilv
chvellinJ.! securitv SVSlt~ln.
Section 303.15.1. i\-iU Iliple-fcllll ilv d'rvellin,[! secllrilV svstern. For the purpose of
p~~~jQ.~~g~_~_~_~~.~ 0 n a 1?1~.._~!!.~q_~!II:.!_<2.{_~_~f~_!.:.~...~]}Q_g.~_~~~.!~_~ 1 Vv' el {~!_~~ fC?~2~.~~~o 11 S 0 c ~~2yin g
ll1u1tiple-fanlily chvellinp:s. an approved securit~tstenl shall be n1aintainecl for each
lTIultiple-fanlilv building to control access. 'I-'he security systen1 shall consist of
locked building: entrance or fover doors~ and locked doors leading from hall\vavs into
_..___......__.__._.._.__<,..,._...~.__._.._.____..________._"'_..___..._..__,_.___.____._._______._____!o.:___.______w___
individual d\velling units. Dead-latch t\tpe door locks shall be provided \vith lever
knobs (or door knobs) on the inside ofbuild-ing entrance doors and \v1th key c'Y"linders
on the outside of building entrance doors. Building entrance door latches shall be ofa
.........-.-..-....-.......-...-.-.-.---.-...-.-..-....-..----..-.......--.--...-;.......-.-.....--.-...-.-..---.-.-.--.------....-.-,--.--......-..<,..:....--...----...-.....---.--.-----------------------
!y'pe that are pern1anently locked froll1 the outside and pennanently unlocked froB1
the i nSl de.
Ll~)___..:?~_~.!J9!2_~.~~~__.__~Jl il d il !.g_.~0c u"?f!-}~...~haU be m~~9 ect!.9_~~a d .-9:_~_iQ.ll 0 \'/s :
Section 303.1 S. Building seCllritv. Doors~ \vindo\v or hatch\vavs for d\vellinf! units or
roon1 units shall be provided \vith devices designed to provide seCLllity for the
occupants and propert\' \vithin.
Section 303.18.1 Doors. Doors providing access to a d\vel1ing unit or roon1ing unit
that is rented~ leased or let shall be equipped \vith a deadbolt lock D1eeting
~1?_~.~jD~~I~9.!~~_.~.~_~__:t.~?!~~bJ~~]~_~i!~.~__S llE.b...9 e ~slJ?.s:~J!.J9~J~~.~.h.a 11 b.~_.QP_~!~!lte d _.2Qly by t l~T11 i~.g
of 8 knob or key.! and shall have a lock thro\v of not less than I-inch. For the purpose
of this section~ a sliding bolt shall not be considered an acceptable deadbolt lock.
.~~!.~_~_g_~~.~!2.91~.J2S?~~_~b.~1_L1?_~_.i~.~!~lt~9YcC2!.di l~g to !!~~~~~15~~~~~~.~r - s sR~~i fi cati on?_~l d
ll1aintained in good \vorking order. 1-\11 cleadbolt locks required b~/ this section shall
be designed and installed in such a manner so as to be operable inside of the d\velling
~!.!2!.!...9X_~~.~~!!:!.!!~.K.~!.~U...~ytHl9.~!}._~1!~._~!.~~._2L.~.1~.~..Y~l9_2J.;.._~2.!~!\~.~i!.9.:~i 0.11 .!!l~J~~.2.[g!. a l?Y sp ec.i ~l
IG10\vledge or effort.
8
.~~.s;Ji2~l~~..:J...8.2_.EViI7(~Q!y~-..QJ2.~@J?J..~-~L~lgO\v~J.Q~.~ed i.~~:'110t~ or i~.12..'-!It \vit~_t!l6
:t~et ~!)ove gE2.!:!:!l<iJeve-L.2E_a \va}ki.~g surfaceJ1e19\V tha~JB~.Qyide~ acces.~ to a ~\~elling
unit or rooming unit that is rented~ leased or let shall be equipped \vith a \vlnclo\v sash
locking device.
~~~!ion ~03 .1 fi:l."!i~0..enlen! h~'y~[nva~~:?~aS~!l1el~t hatch\vays that l~ovid~_ acces~
to a d\velling unit or roon1ing unit that is rented~ leased or let shall be equipped
\V1th devices that secure the units fran1 unauthorized entry.
-~~~_........_~~_................_~_.._._-_........--------_......~--~-~'-
(13 ) Section 307. Ifanclrails and Guardrails shall be aclded to read as f'ollo\-vs:
Section 307. Handrails and Guardrails.
Section 307.1 General. _Everv exterior and interior tlight of stai.rs having: 1110re than
.__._.______.....__.___._.___...._.__.___.~_._..___._J...i'....____. ..__lo...~_____
fo.ur ris~r sh~lJ~.ve .~..hans!I~i1~I}~._ one ~.~de of th~ .stair ~!~~~~I.Y open .l~orti012.. of a
stair~ landing, balcony, porch~ deck~ ran1p or other \valking surface \vhich is 11lore
than 30 inches above the floor or grade belo\v shall have guards. Jiandrails shall not
be less than 30 inches high or lTIOre than 42 inches hi2:h measured veliical1v above
_._--~.._--_.._-'-'-------------"-< -'-
the nosing of the thread or above the finished floor of the landing or \valking
surfaces. Guards shall not be less than 30 inches high above the floor of the landing~
bal c o.!l.Y.LQ2T~jl~ decl~:._.9r r~!!!l~~2_~h er \V ~lki 11 g s ~!!:fa~~
E~YceptioJl: Guards shall not be required \vhere exenlpted b-v the adopted
building code.
( 14) Section 402. Li,e:ht. .:A.n1ended bv adding Section 402.4 C:'onvenience slvitches to read:
Section 402.4. Convenience s1vilclzes. }.\ convenient s\vitch or equivalent device for turning on
a ligh~ in e'!.~J) d\~:~JJing unit s!lalL1~~ l~~ated n.~ar _!he points o(entran~e to Sl!:~)l unit.
Ll..2..L....._.._.__~~~~i 0 T!...~.Q.?_:J..:_.~~~~.~t(ll. 1) ~!.~.~"~!.Lre feTe I!.~. e s !S2.1h~_ ~~ In~~tP...91 i on a tf1 U1119 in g C 0 ~ e"
an d _!~~l? 1 a cc .~:~~!!~~.~J.i!.!Q_~.~~~~_~~~_~.~_~.!:!. il din g_\: 0 d ~~
(16 ) Section 602.2. I?esidential occupancies. Delete the reference to i\.ppendix -0 of the
:1~~.!~!.2~ti 2!lal EJ.~~Q!Qt~~..~_od~~~~0 d rC12I~~e \vi th . ,. I\/ri~.!1~~9ta .? tat~.J~_~i Id i 11 g Code ~~ . 1\1so
delete 650 F (180 (~) and replace \vith 680 F (200 C).
(17 ) Section 602.3. fieal supply. Insert: Septenlber 1 to June and delete 650 F (180 C) and
replace \vith 680 F (20(\ C~). Delete the reference to i\ppendix D of the '~Intem8tional
Plun1bing Code"' and replace \vith ;;.I\.Jinnesota State .Building Code'~.
(18) Section 602.4, Occupiable l-vorlu.;pace. Insert: Septelnber 1 to June 1.
( 19) Section 604.2. ...)ervice.Delele the reference to the HIC~CE.lectrical C:ode" and replace
\vith ~~iv1innesota State Building Code~~.
(20) Section 702. j\Ieans of E(fZr().)~s. Delete all references to the '-Intcll1ational Building
C:ode~~ and replace \vith ;-IvIinnesota State Building C'ode~'.
(21 ) Chapter 8. Refc'renced .)'talldards. l\mcnded to read: i\l1 references to other code
standards \vithin this code shalllnean the applicable provision of Ne\v Hope Cit):' (""'ode or
Jvlinnesota State Building C~ode4 \vhichever is the most restrictive requiren1ent permitted under
statute.
~.r"....~~""""""""'''''''''
Section 2. Section 3-32 "Certificate oforopertv lllaintenance" of the Ne\v Hope City Code is hereby
9
added to read as follo\vs:
Section 3-32. Certificate of propertv nlaintenance required.
(a) S'a!e o(oro/Jertv,
(1) No person shall se ll~ purchase~ gi ve or transact a change in title or property o\vnership
of an::{ class of property' \vith one or lTIOre buildings or structures \vithout first obtaining a
.~~!~~.iD_~.~l~"..9.:L12!~~p~!!)~Ipai I! te l}.~]! ce ft't?.!!!..Q1 e Ci t:i.~
(2) /A. ce11ificate of property 111aintenance is not required \vhen a certificate of occupancy
i~_!.~q u i rc(;L fo~~~~~.._~ns tTll.~!i on.:
rb) ~4!)J)licatioll,
( 1 ) Required, The o\vner or O\V11er~s representative is required to 111ake application for a
certificate of proper tv 111aintenance before anv property.! is offered for sale~ gifted~ transfelTed~
conv~J:~cL!?~Lco.~ltr~s:~~.&~_s!~_~_.gI oth~T transacti.o!:!.~ha~gk~~!he l~artv r~~~on~ible fQ.IJl1~
propeltv.
(2) F ce. f\t the time of app lication~ the applicant for a certificate of property maintenance
111USt pay' the property' ll1aintenance inspection fee appropriate for the type of building the
request is for as set out in Section 14-2( 11) of this code,
(c) inspectioll.
(1) .i4pplication. The applicant for a certificate of proper tv 111aintenance is responsible for
requesting an inspection of the propert\' after ll1aking application and pa\,111ent of fees. 1-\n
inspection shan be nlude b).! the City to detennine \vhether the property use is legal in
~!~~_~!~E~~Q~ e \y.!.!hSj"!):..._?;2.!)i.!!..gJ~~.~1~.L!~~X!.~~!~.~~_~!!.9__th_~._QEQl~ ert~L"~.~~!l!l?Ii e s ..~Yi.!b.~.~l?pJi~~QL~.
building~ fire~ health and propertv 111aintenance codes. The entire property and all buildings on
the propertv shall be n1acle available for inspection.
L~.J..m_._...__._~l!..~:.~J!:.?l.__L?~~R~ c t ~Q!.L:._..I_b_~_..._~R.pJj c a ~}!__i~_~~~122E!~1!~1~_..J2__.ha \.~~_..lvl i 11n es<?!~__ bon de c!
111echanical contractor inspect and test all central heating appliances \vhich are over t\venty
(~[21_.years _"2J:~~ge ~Yb.~I].Jb_~j}!l?~!J_21i~!~~1!._~1~li~!!~~s is no L!~~.ore tha ~_j_OO ~ 00 q~!ll_l2.er h Oll r '.
The tests shall verify' safe operation_ inc.luding, but not linlited to~ integrity of the heat
exchanger~ operating controls and venting. ~rhe l11echanical contractor conducting such
in~pectiQ~2...~.~9_~~l.~.~.h.01 s~~!~!!i!._~~::.~j!!~l v~ri.~l~~_Lon 2.ftl~~_ inspectio}1. results to the City a!)Q
the applicant \vithin three (3) days after cOlnpleting the inspection,
( d) Conlplio/lee: expi'.(ltioll.
(1 ) \\7hen the propelty use is legal in accordance \vith C~ity zoning requirements and the
~e~~~conlpl~~~~"~l~)pli~~~ebuilding, fire~ heal~~d~erty~inten~cecodes, a
certificate of prOpe11Y n1aintenance \vill be issued by the City.
t~)___.._..__!..\ c~!J.lf~ at~_<21i?ro 12.~!~~)!'....Q.~a.i 11l~2~~ ce i s v~1i.Q_.~Q.....be~~d f~lhe D~ansf er of pro pe!!y
for a peliod of one (1) year fron1 the date of issue. The certificate of propel1V 111aintenance
nlajr onlv be used for property transfer by the o\vner nan1ed on the certificate of propertv
.!.!]a i ~!.~~!! an~t;_.g'!~_~!~.~..Q~:~~.~X - s J~g~J...r~12~~~.Q~a t i ve.
(e) l'elllpOr(l/~; certi/ic(lle of proper/v n1.t.lintellQnCe, A~. ten1porarv certificate of propertv
!!_!9i~_~~!~~~_"..~"~}.~)~:J~~_i~~_~_~_~_.1~Yll}~....~~I!)~~P.~!~!!!l!ti llg_. t11 ~~..!!~!.!g~~~S?fl?'.~QP el~~).sJ~Q~~jE!.g~
10
(1 ) No safety or hazardous conditions exist on sue11 property.
(2'!__..__..... /\Qi!.g.~~~.~?~~)~b~_1~~.L~.r~ seller.~~~~~_~~spol~?ibl~~~~~_has been execut~_d \Vlth
the Citv~ \vherebv the buyer~ seller or other responsible person agrees to c0I11plete corrections
to the property.
(3) l\ financial guarantee in the forn1 of a cash escro\v to ensure completion of an).!
C01Tections to the propertv is posted \vith the lender~ or \vith the Citv \'/hen a lending
institution is not involved in the transaction. The cash escro\v shall be in an an1011nt at least
.........--................y~~..~r.~..~~~"~."~...............~~y+'-"""""y~y~~yy~.~r~_.rr.~.~~.._r~-.....-_........+++++-I~_~~....~y~..___~~~y~...............~._~~__~~~_ ........_~-------------
equal to the retail value of the \vork necessary for compliance \\ritl1 this section. The escro\v
t11Ust be full:::/ nlaintained until a certificate of propelty maintenance is issued.
(f) J/iolatiolls. .A.11V and all violations of this section 111USt be COITected in a tinlely I11anner as
deternlined b)t the C~ity'.
Section 3. Section 3-34 "Responsibilities ofOlvners and Occuoants" is hereby amended by renaming
this section "Registration of Rental Dlvellings", repealing in their entirety subsections (2) "Provisions and
nzaintenance of basic services and utilities", (3) "Structurallnaintenance", (4) "Interior 1Jzaintenance", (5)
"Exterior lnaintenance" and (6) "Roc/ent and vernzin control" and amending subsection (1) "Registration of
rental llzultiple-fanzilv dlvellinf!s" to read as follo\vs:
Sec. 3-34. Rcsponsibilitic~; of o"l,~'ncrs find occupants. Retdstration of rental dvvellin2s..
+fk,~-\'i~ion and 8ssignnient of responsibilities set forth herein sh3-l-l-Be obseryed by the city ll1an3;er or the
ffiaRa.;er's a.;ent~ in th€---€Bfe-R..~ffi~his d'.velling G9~~Ft-\vher~ contradicted by a contr~ctual
ftL";:i'C c ffiB:H~f9:FBe-c'1-t-t-Re-t+me,-ef4flg-aB:t-eFFBffiat.:ieH---t:"}f-a-\'-iBktt-iBfh-{.iI ear 1 y aHfl--spe&H~ 11 '/ as si zning Ql1 d
1Ir,..,.." ,,01 .' .. . ... l....,...
dividins these responsibilities in :l different n1~~nner. ~'\11 references to the city n1anager sh311 include the
el:~HG~Frg-{':tJ.I:-i€-t-aJ-aFrB--g@R~fa~eet0~~.t&-aR4-a-l-l-ErHw:F-f3ersons d~~-t~ orit:t' b:y~ th~
H=taH-f1-L.s:Gi~
ffi .Rc[;is//'{l t io / I' (~f' ;.C/ltC:! l,t 1'~t!j~-j'~'J Zc ./2:,',' ;i.J: ;]: ~ '(' f! in:;s'.
a-:(a) Registration required. No person shall operate, let or allo\v to be occupied any rental unit in a
n1ultiple-family d\velling containing three or more d\velling units for \vhich an annual registration
statelnent has not been properly made and filed \vith the city. Forms shall be furnished by the city for
such purpose and shall set forth the follovving information.
~h-iJJ Olvner. Name and address of the o\vner of the rental d\velling. In cases \vhere the
o\vner of a multiple d\velling does not reside in either Hennepin, Ramsey, Anoka, Carver,
Dakota, Scott, or vVashington County, the registration shall be made by an operator \vho shall
be legally responsible for compliance \vith this and all other applicable ordinances and such
operator shall reside \vithin one of the aforementioned counties;
bt~2 Caretaker. Name and address of any operator or agent managing said multiple
dvvelling if different from the o\vner;
bt 3 ) Partnerships. Name and address of all partners (if the registrant is a partnership);
4-:( 4 ) COlporations. Name and address of all officers of the corporation (if the registrant is a
corpora ti on);
$-;( 5 ) Con tract for deeds. Name and address of the vendee if the multiple d\velling is being
sold on a contract for deed;
11
~i6) Legal description. Legal address of the multiple d\velling;
7 (7) Units. Number and kind of units within the multiple d\velling, (d\velling units,
-r; __~
tenement units, or rooming units);
~{Q2 Execution of statenzent. The registration shall be signed by the o\vner if such owner is a natural
person; if the o\vner is a corporation by an officer thereof; if a partnership, by one of the partners; and
if an unincorporated association, by the manager or managing officer thereof. Annual registration
rene\vals may be made by filling out the city furnished and required rene\val form and mailing said
form together with the required registration fee to the city. Annual rene\val of registrations may only
be made in this manner \vhere there has not been a change in the o\vnership, operator, agent or type of
occupancy as originally registered.
&:-( c) Changes in registration. No such registration shall be assignable. lfthe name or address of any
of the persons required to be registered shall change, or if any change is made in the number or type of
units registered, a ne\v registration statement shall be properly made and filed \vith the city \vithin ten
days from the date of such change, in the same manner and form as herein prescribed.
Ek(d) Annual registration. A fee as prescribed in chapter 14 shall be collected by the clerk for each
registration under this Code. Ho\vever, if the registration and fee are not received by the city on or
before December 1 of the year preceding the ne\v registration year, the registration fee shall be double
the amount of the fee set forth in chapter 14.
~{~) Posting. Every registrant of a rental multiple d\velling shall post a receipted copy of
registration and the occupancy record card issued by the city. These items shall be conspicuously
posted (in a frame \vith a glass covering) by the registrant in a public corridor, hall\vay, or lobby of the
multiple d\velling for \vhich they are issued.
f(f) lvIaintenance standards. Every rental d\velling shall maintain the standards of the International
Pro~rty~~int~n~~~~ca~~22~db~section3-30{~et. a1. oft~€ci~~elling~~aint~~
aRG-eccup~incy of this code in addition to any other requirements of the City Code or special permits
issued by the city, or the la\vs of the state. ]'he division and assi~rnnlent of 111aintenance
!~~~?.!~~.Qih~.i.~~set._!1~~!b if!ib~J~~?1~I.~.!.~~.L~?I!"~DJ?X22~E~l:J~1 aiI!!.~.~1an<2~ C~_~_~s as!2l2_ted !2y se~~~i on 3 - 3 Of d)
of this code shall be observed b\t the ci ty ll1anager or the 111anager's agenLin the enforcement of said
code relating to rental d\vellings, except \vhen contradi.cted by a contractual abrreement~ in force at the
t iI1!~.. 0 f _.!t~.~~_~~_<;E!!.~i~1..:~~9J~._s?)~...~.._..~.~QL~_~_~_n. c 1 ~.ar!.L al!_q___?l~~ci fi~~l!)~~ s s i ~g~~i n a._.9 n d "S!~i din g_tl1 e s ~
responsibilities in a different 111anner. !-\11 references to the city manager shall include the building
official and general inspector as his agents and all other persons designated vv'ith authority by.'" the
n18na~er.
----'-'--.-.,
g;( g) Revocation or suspension. Every registration issued under this section is subject to the city's
right, \vhich is hereby expressly reserved, to suspend or revoke the same should the registrant or their
agents, employees, representatives or lessees directly or indirectly operate or maintain rental d\vellings
contrary to the provisions of this section or any other ordinance of the city or any special permit issued
by the city of the la\vs of the state.
-hill The registration may be suspended or revoked by the city council after a \vritten
notice is sent to the registrant specifying the ordinance or la\v violations \vith \vhich they are
charged. This notice shall also specify the date for hearing before the city council, \vhich shall
not be less than ten days from the date of the notice.
2.(2) At such hearing before the city council, the registrant or their attorneys may submit
and present \vitnesses on their behalf.
12
~(3) After a hearing, the city council may suspend or revoke the registration if they deem it
necessary to protect the public health, safety or general welfare.
Section 4. Section 3-35 "Mininzunz Standards"; Section 3-36 "Occupancv Standards"; Section 3-37
"Inspection and Enforcenzent" and Section 3-38 "Appeals. Penalties and Sanctions" of the Ne\v Hope City
Code are hereby deleted in their entirety.
Section 5. Section 14-2(11) "Housing Maintenance Inspection Fee" of the Ne\v Hope City Code is
hereby amended to read as follo\vs:
(11) HDusln:; Proocrtr nzaintenance inspectz'onfees. Fee amounts for the Re1".t~ing property
maintenance inspection required by Section~ 3 373-30, 3-32 and 3-34 are as follows:
Single- and T\vo-Family Residences, Condominiums and To\vnhouses (initial
inspection and first reinspect) per d\velling unit. . .$120.00
Multiple residences \vith three or more units (initial inspection and first reinspect)
1st unit each building. . ..$.120.00
Each additional unit... ~15.00
Reinspection after first reinspect -- Single-family and multiple residences per hour
(one hour minimum) . . ~47.00
Section 6. Effective Date. This Ordinance shall be effective upon its passage and publication.
Dated the 24th day of October, 2005.
'I:;) ,P 111 ~~~,e ~ ·
Attest: li[ftu~{2r:--{t)"v
Valerie Leone, City Clerk
(summary published in the Ne\v Hope-Golden Valley Sun-Post on December 1, 2005.)
P:"ATTORNEY\CNH ORDINANCES\99AOI17-001.0RD 05.15 A~lEND CHP 3-D2,DOC
13
SUMMARY OF ORDINANCE NO. 05-15
AN ORDINANCE AMENDING CHAPTER 3
OF THE NEW HOPE CITY CODE BY
ADOPTING THE INTERNATIONAL PROPERTY
MAINTENANCE CODE AND REQUIRING
A CERTIFICATE OF PROPERTY MAINTENANCE
UPON THE SALE OF ANY CLASS OF PROPERTY
The following SUll1ll1ary of Ordillance No. 05-15 is hereby approved this 21 st day of
November, 2005 by the New Hope City COUllCil for official publication. The Council hereby
detemlines this summary ordinance clearly illfonns the public of the intent and effect of
Ordillance No. 05-15.
1. The title of OrdiIlallce No. 05-15 is HAn Ordinance Anzending Chapter 3 of the Nelv
Hove Citv Code bv Adopting the International Propertv Maintenance Code and
Requiring a Certificate of Provertv Maintenance Upon the Sale of Anv Class of
Prooertv ".
2. Section Olle of the Ordillallce amends various sectiollS of New Hope Code S 3-30 which
is tIle City's property maintenance and occupancy code as follows:
a. Tlle title of New Hope Code S 3-30 is changed to tIle "Propertv Maintenance
Code" .
b. TIle HPurpose and Objectives" provisioI1S of S 3-30 remain unchanged except to
replace the referellce to "this d\velling code" witll a referellce to "the property
maintenance code".
c. Tile HRules and definitions n provisions ill S 3-30 have beell deleted and replaced
witll the {{General requirenzents" sectioll. This new section makes the property
nlaintenance code applicable to all classes of property \vithin the City, requires
that all building structures be mailltailled ill confonnance with the codes in effect
at the time of constnlction, incorporates all such existillg codes into this property
maintenance code and indicates any conflicts or illconsistencies between
applicable codes will be resolved by the application of tile requirell1ents whicll
provide the greatest degree of protectioll for tllelife, safety alld gelleral welfare of
the City's residellts.
d. The illost significaJlt cllallges to S 3-30 is its adoption of the International
Property Maintenance Code, 2000 edition, as published by tIle International Code
Council, as tile City's property maiIltenance code. This code is known as tIle
IPMC aIld replaces all existing bui1diIlg code sectiollS regulating tile mainteIlance
responsibility for real property in tile City. This illcludes definitiollS, regulations,
1
inspections, penalties and appeals relating to all property maintenance orders
issued by the buildillg inspectors in the City.
e. Section 3-30( e) also provides for City-tailored reVlSlOllS to tile IPMC.
Specifically, these revisions to the IPMC relate to the appeals process from orders
issued by the Building Official, a statement that a violation of the IPMC is a
misdemeanor offense or in the altenlative when appropriate, the loss of a multiple
dwelling registration pelmit. The revisions section also includes additional
definitiollS, new regulatiolls for renloval of ice and Sl10W, exterior illumination of
buildings, lalldscaping, premises identificatioll, storm windows, security for
doors, windows and handrails, and an amendlnellt increasing tile heat supply from
a miniulull1 65EF to 68EF in resideI1tial occupaI1CY spaces.
3. Section Two of the Ordinance adds a new S 3-32 HCertificate of vrovertv lJlaintenance
required J'. Tllis section replaces the City's old point of sale inspection requirements
previously found at 9 3-37 but which now is repealed. Basically, 93-32 requires a code
compliance inspection before any class of property in the City can be sold or otherwise
cOllveyed to a new o\vner by any nleans. It requires all code violations to be repaired
before a certificate of property maintenance call be issued for tile property. This
regulation is Ilecessary to insure the housillg and property stock of tile City is maintained
at a l1igh level alld to prevellt the dil1lillUtioll of property values.
4. Section Tl1fee of the Ordinance amends New Hope Code S 3-34 "Responsibilities of
Olvners and occuvants" as follows:
a. Tile title of the sectioll has beell changed to "Registration ofrental dlvellings".
b. The followillg subsections of S 3-34 llave beell repealed in their entirety. The
areas regulated by tIle follo\ving repealed sections are covered in the new IPMC
adopted by Section 0Ile of tllis Ordillance. The repealed sections are:
i. "Provisions and lnaintenance of basic services and utilities"
ii. "Structurallnaintenance"
iii. "Interior lnaintenance"
iv. "Exterior nlaintenance"
v. "Rodent and vernlin control"
c. Seetioll 3-34(1) "Registration of rental dlvellings" will apply to all lllultiple
dwellillgs containing tlrree or more Ullits. It requires annual registratioll and all
maintellance regulations for Inultiple family dwellings will be cOIltrolled by the
IPMC.
5. Sectioll Four of tIle Ordinance repeals in their elltirety Ne\v Hope Code SS 3-35
"MininlUlll standards" , 3-36 "Occuoancv standards" , 3-37 "Insvection and
enforceJnent" alld "Appeals. penalties and sanctions". Again, the areas regulated by
these repealed sectiollS are 110W covered by eitller the IPMC adopted as the standardized
2
maintenance code of tile City or tIle new 9 3-32 "Certificate of Drovertv 111aintenance
required" adopted by Section Two of the Ordina11ce.
6. Section Five of the Ordinance amends New Hope Code 9 14-2(11) relating to "Housing
lnaintenance inspection fees ". Specifically, the title of the section is changed to
"Propertv nlaintenance insvection fees ".
7. Section Six makes the Ordinance effective upon publication of this SUlTIll1ary.
Dated this 21st day of November, 2005.
/. yt;
Attest: lfiuA-U - ,- ~~~
Valerie Leone, City Clerk
P:\.A,ttomey\Cnh Ordinances\99AO Ill-Summary of Ord 05.15 Amend Chp 3.doc
3
City of New Hope
CIIIU (Official Publication)
SUMMARY OF ORDINANCE NO. 05~15
AN ORDINANCE AMENDING CHAPTER 3
OF THE NEW HOPE CITY CODE BY
~q9;PTINGT~E INJE,RNAIIQNA:,,"", PROPERTY"
---~..~ '"' MAl NTE NA NC E.'. CODE' AND R'EQU1BING"c;....,.
-- A CERTIFICATE OF PROPERTY MAINTENANCE
- - -- UPON THE SALE OF ANY CLASS OF PROPERTY,
newspapers The following summary of Ordinance No. 05~15; i~:
hereby appr~ved this ~1 st day of November, 2005 b the
AFFIDAVIT OF PUBLICATION r~ew Hope City C~uncII ~or official publication. The ~un-
cll hereby determines thIs summary ordinance clearly in~
fo!ms the pU9lic of the intent and effect of Ordinance No
00-15. ", .
STATE OF MINNESOTA) }he title of Ordinance No. 05-15 is "An Ordinance Amend~
In? Cha?ter 3 of the Ne....' Hone Citv Code bv Adooting the
5S. In~rn~!.lonal Prooerty Maintenance Code and Reauiring
a ......ertlTlcate of ProDertv Maintenance UDon the Sare of
COUNTY OF HENNEPIN) An\! Class of Prooerty."
2. ?€ction One. of the Ordinance amends various.. sec~
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi~ lions of. New. HaDe Code S 3~30 which. is the City's
~~~~rty mCiintenance and occupancy code as fol~
nancial Officer of the newspaper known as Sun-Post 3. }he}itle of New ~oDe Code S 3-30 is changed to
, the Prooertv Mamtenance Code."
and has full knowledge of the facts stated below: b. The o;Pu:-oose and Objectives" provisions of S 3-
30 remamynchanged excepttoreplace the refer.;
(A) The newspaper has complied with all of the requirements constituting qualification as a :nce to ..tms d\v~l!jng code" with a reference to
the property maintenance code.'"
qualified newspaper, as provided by Minn. Stat. 9331 A.02, 9331 A.O?, and other applic~ !he "Rules and definitions" provisiqqsin S 3-30
nave. been deleted and replaced with . the" General
~eOUfrements'. s~ction.This new section makes
able laws, as amended. lne prop~rty maIntenance cede apolicable to all'
~J~s~es or property '.vithin the City, re'quires that all
(8) The printed public notice that is attached was published in the newspaper once each D~.I,ldl,ng struct~res.~e maintained in conformance
:vn:n tne codes In enect at the time of construction.
~n??rp~,ra.t~s all such ,exjsti~9 c?des into this prop-
week, for ~ successive week(s); it was first published on Thursday, the ~ day t:;:rl!' m~ln:cnance coasanc indIcates anv conflicts
~r Inconsistencies betv/een applicable codes 'NjJJ
of December , 2005, and was thereafter printed and published on every Thursday D~ ,reso!ve~ by the application of the recuirements
:~ml~.h proYlde the greatest degree of protection for
to and including Thursday, the _ day of ,2005; and printed below is j~:~~~: sarety and general \velfare of the City's res-
!he m;Jst significant changes to S 3-30 is its adoo.
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- !Ion _Oi It-e Int~_~nationai Prooertv rv1aintenance
~Od:, 2u90 edltlo~, as published by the Interna.
:~onc:1 Cooe Cour:c,il, as the City's property main.
edged as being the size and kind of type used in the composition and publication of the l~n~nce code, Tn!s code isknovJn as the IPMC
anG ,replaces all existing building code sections
notice: er~N~~r~~~~~;~:~~i~~~~sf~3~r~~~~~~i;~
abcdefgh ij kl mnopq rstuvwxyz !ng ;0 .al.I, pr~perty maintenance orde'rs issued bv
the oUiJolng Inspectors in the City. "
, Section Three of the Ordinance amends New Hope
,1
Cede S 3~34 "Resoonsibilities of owners and OGCU-
BY: Dants" as follows:
:;:; The title of the section has been changed to ';B1m:
istration of rental dwellinas:'
0, The follO\ving subsections of S 3-34 have been re-
pealed in their entirety. The areas regulated by
the following repealed sections are covered in the
Subscribed and sworn to or affirmed before me new IPMC adopted by Section One of this Ordi-
nance. The repealed sections are:
December i. "Provisions and maintenance of basic ser~
on this --L day of , 2005. vices and utifities"
!~~Il~~_ i i. "Structural maintenance"
iii. "Interior maintenance"
iv. '"Exterior maintenance"
v. "Rodent and vermin contra'"
c. Section 3-34( 1) ;; Reaistration of rental dwe llin as'
will apply to all multiple dwellings containing three
Notary Pu ic or more units. It requires annual registration and
all maintenance regulations for multiple family
Ie d\"/ellings will be controlled by the I PMC.
~ MARY ANN CARLSON 5. Section Four of the Ordinance repeals in their entire-
ty New Hope Code SS 3-3:; "Minimum sta.ndards;' 3-
NOTARY PUBUC - MINNESOTA 36 ';Occuoancv standards, 3~37 "/nsoectfon and en-
. . MY COMMISSION EXPIRES 1-31-09 fcrcemenf' and "Aooea/s. oenalties and sanctions:'
Again, the areas regulated by these repealed sections
are nQ\.v covered by either the IPMC adopted as the
standardized maintenance code or the City or the new
E; 3~32 ';Certificate of orooertv maintenance reouired'
RATE INFORMATION adopted by Section Two of the Ordinance.
v. Section Five of the Ordinance amends New Hope
(1) Lowest classified rate paid by commercial users $ 2.85 per line Code S 14-2(11) relating to "Housina maintenance in-
soection fees:' Specifically, the title of the section is
for comparable space changed to ;.Prooertv maintenance insoection fees."
7. Section Six makes the Ordinance effective upon pub.
(2) Maximum rate allowed by law $ 6.20 per line lication of this summary.
Dated this 21 st day of November. 2005.
(3) Rate actually charged $ 1.30 per line Martin E. Opem Sr., Mayor
Attest:
Yal~ri~ LeooE:l !,Gfty. glerlL
(Dec. 1, 2005)p2/0rd 05-15 summary
ORDINANCE NO. 05-16
AN ORDINANCE AMENDING nRIVEW AY AND
CURB CUT SET-BACK REQUIREMENTS IN THE
R-l AND R-2 ZONING DISTRICT
The City Council of tIle City of New Hope ordaills:
Section 1. Section 4-3(e)(4)(h)(7) "Curb Cut Millimulll" of the New Hope City Code is
hereby amellded to read as follows:
7. Curb cut JninilllUlll. Curb cut openings shall be located at nlinimum five feet from the side
yard lot line in all districts eX~~12~ theR -1 alld_B-=~ districts. In the R -1 and R -2 districts, curb
cuts I11ay be tllree feet froIn the side yard lot line. .Fu1111er.. tllere shall be no set-back
req uirenlellt fr0l11 a shared lot line for cl\vellillgs defined as "zero lot line'" T\vinll0111CS by' ~ 4-
li2 t91_!bis Code:
Section 2. Section 4-3( e)(6)( c) "Parkillg Distance from Property Line" of the New Hope City
Code is hereby anlended to read as follows:
c. Parking distance fi"oJn property line. There shall be no off-street parking within three feet
of any property line. Il!L~_.2rohibition shall not a12I2lv to zero lot line parcels in any
residential zOlling district containillg adi acent garages that share a COll1111on \vall on tIle zero
lot line \v11en tIle drive\vay is sllared b'l tI1e d\velling units and tIle dri.ve\vay curb cut also
abuts the s11ared or zero lot lIne.
~__~..~._~_...~~~.r~~._~~~.~~.r..~_~..~~~_."r_~_~_~_~~~~~~~
Sectioll 3. Effective Date. Tllis Ordinance shall be effective upon its passage and
publication.
Dated the 28th day of Novell1ber, 2005.
Attest: 'Jf iZLv.1 (~rLL
Valerie Leone, City Clerk
(Publislled ill tile New Hope-Goldell Valley SUll-Post the 8th day of December , 2005.)
P: \A. TIORNE'{I.CNH ORDINANCES\99.40 13 7 -ORD A~lEND DR VWA '{ & CURB CUT SETBACKS. DOC
1
CIIIU
- -- 5~-
- - --
newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
55.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as Sun-Post ,
and has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. 9331 A.02, 9331 A.O?, and other applic-
able laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each
week, for ~ successive week(s); it was first published on Thursday, the -L day
of December J 2005, and was thereafter printed and published on every Thursday
to and including Thursday, the _ day of ,2005; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abed efg h ij kl mnopqrstuvwxyz
(
BY:
Subscribed and sworn to or affirmed before me
December
. MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSfON EXPIRES 1.:i1~
...
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.85 per line
for comparable space
(2) Maximum rate allowed by law $ 6.20 per line
(3) Rate actually charged $ 1.30 per line
ORDINANCE NO. 05-17
AN ORDINANCE AMENDING NEW HOPE CODE ~ 4-3(e)(4)(h)(11)
REGULATING ACCEPTABLE PARKING AND DRIVEWAY
SURFACES IN ALL ZONING DISTRICTS
Tile City Council of the City of New Hope ordains:
Section 1. Section 4-3(e)(4)(h)(11) "Surfacing" of the New Hope City Code is hereby
amended to read as follows:
11. SUlfacing. Iil all R-3~ R-4, R-5~ R-O, R-B~ LB, CB, I alld PUD zoning districts, A~ll
~arl~t!!K areas.: ~100G-te-l:t@--Hti-H~ driveways s11all b~ta
nlateri~~ge. andQ~vew~~ronssh~lbeconst~cted
and surfaced with ~concrete1 or bit~llninous aspllalt or other llard sllrface Inaterial in
cOlnpliallce with adopted City construction specifications. E:~cept in the case of singl@
.faH:1ily and_ 1'\'/0 fall1il)4vel1ings, ~Al1 driveways and parkil1g stalls shall, at a IninilnUlTI" be
surfaced with a six inch class five base and two inch bitu111inous asp11alt topping. Plans for
surfacillg and drainage of driveways alld stalls for five or lllore vehicles sllall be Sub11litted to
the city engineer for revie\v and the final drainage plall shall be subject to written approval of
the Engilleer. For l1CV./ constructioll ofne\v garages alld/or 110111CS ill all R -1 and R -2 districts,
~_~as inten,ded to be us~Sl for vehic;.J.~_l?~Jkt!!g~l?.~~~s. al1d drive\va)rs shall cOlnl~!y_~~iih the
above-stated requirelnent. Parlcing areas and drivev./ays for existillg garages and/or hOllles
shall be surfaced \vitll anlaterial sltitable to control dust and drainage. A coverillg pe11nitting
.!h~~_~.~.Q~'~11~....9J~...gr~~?_j~!J_._~1.~~_.B_~_L...Q1:__B::.~_.~~~~!~i.~.ts ._~2~:~.J!,2-LC2911 ~j1~Il~_.~1!_~.~~~_~P tal) ~ s u r.f~ci ng
nlaterial.
Section 2. Effective Date. Tllis Ordillance sllall be effective upon its passage and
Pllblication.
Dated the 28th day of November, 2005.
~.
;( cxe; .
Attest: /~Ui J t.Ou.-
Valene Leolle, City Clerk
(Publislled ill the New Hope-Goldell Valley SUll-Post tile 8th day of December , 2005.)
P:\A.TTORJ,E'{\CNH ORDINANCES\99.40138-001.0RD REG PARKlNG & ORlVEWA Y SURFACES.DOC
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AFFIDA VIT OF PUBLICATION
STATE OF MINNESOTA)
55.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as Sun-Post J
and has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. 9331 A.02, 9331 A.O?, and other applic-
able laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each
week, for ~ successive week(s); it was first published on Thursday, the -L day
of December ,2005, and was thereafter printed and published on every Thursday
to and including ThursdaYt the _ day of , 2005; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abcdefgh ijkl mnopq rstuvwxyz
,
BY: (
Subscribed and sworn to or affirmed before me
on this ~ day of December , 2005.
,1 It 1
/. ~
v' / /-
!:t~ \ ~ l_/;h,--
Notary ublic
'Ir'r
e MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1 ~1..og
:
-
RATE INFORMATION
(1) Lowest classified rate paid by commercial users S 2.85 per line
for comparable space
(2) Maximum rate allowed by law $ 6.20 per line
(3) Rate actually charged $ 1.30 per line
ORDINANCE NO. 05-18
AN ORDINANCE AMENDING NEW HOPE CODE ~ 3-25(b)(1)
REQUIRING FENCING AROUND SWIMMING POOLS
The City Council of tIle City of New Hope ordains:
Sectioll1. Section 3-25(b)(1) "Pools on Locatioll" of the New Hope City Code is hereby
amended to read as follows:
(1) Pools on location. All swirmning pools to be constructed or which are already
constructed shall be completely surrounded by a fence or wall not less than four feet in
height,_-aRd not less that} fO~lT feet :Fran} tile l}eB!-6dge, which sIlall be so cOllstructed as not to
have openings, holes or gaps larger than four inches in allY dimension, except for doors and
gates.:j if a pick.et fellceis erected or 111aintail1cd, the 11orizol1tal di111ellsiollS s11al111ot exceed
fO~lr ill~A dwelling house or accessory building Inay be used as part of such enclosure,
but otherwise the fence or wall sIlall be erected on the ground. All gates or doors opening
tlrrough such enclosure shall be equipped witll a self-closing and self-latching device for
keeping the gate or door securely closed at all til1les wIlen not in actual use, except tllat the
door of any d\velling whicll forms a part of the enclosure need not be so equipped. The fence
sllall be a type not readily climbed by childrell.
Section 2. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 28th day of Novenlber, 2005.
Attest: ~~xe-Y)~L
Valerie Leolle, City Clerk
(Published in tile New Hope-Goldell Valley Sun-Post the 8th day of December , 2005.)
P:\A TTORNEY\CNH ORDINANCES\99.40 139-0RD AMEND POOL FENCING.DOC
1
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
55.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as Sun-Post ,
and has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. 9331 A.02, 9331 A.O?, and other applic-
able laws, as amended.
(8) The printed public notice that is attached was published in the newspaper once each
week, for ~ successive week(s); it was first published on Thursday, the -L day
of December ,2005, and was thereafter printed and published on every Thursday
to and including Thursday, the _ day of , 2005; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abcdefgh ijkl mno pq rstuvwxyz
(
BY:
CFO
Subscribed and sworn to or affirmed before me
on this --L day of December, 2005.
/~1:! 4V\--/~~'l?-"--
'" ,/. '----
Notar ubli
---
e MARY ANN CARLSON
I NOTARY PUBlIC - MINNESOTA
MY COMMISStON EXPIRES 1-31..09
.
RATE INFORMATION
(1) Lowest classified rate paid by commercial users S 2.85 Der line
for comparable space
(2) Maximum rate allowed by law $ 6.20 per line
(3) Rate actually charged $ 1.30 per line
ORDINANCE NO. 05-19
AN ORDINANCE AMENDING THE BUILDING CODE
RELATING TO INSTALLATION OF SPRINKLER
SYSTEMS IN RESIDENTIAL BUILDINGS
The City Council of the City of New Hope ordains:
Section 1. Section 3-2( a)(2)( a) "Chapter 1306 - Speci~l Fire Protection Systems" of the New
Hope City Code is hereby amended to read as follows:
a. Chapter 1306 - "Special Fire Protection Systems)}, The adoption of this Chapter
I shall specifically include the adoption of Chapters 1306.0020, Subpart 2 and
1306.0030(E.)(~1).
Section 2. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 28th day of November , 2005.
~,
Attest: ~~V-
Valene Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the 8th day of December , 2005.)
P:\ATTO&"i"EY\CNH ORDINA1~CES\99.80519-0RD NO. 05-19 REG SPRINKLERSYS,DOC
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as Sun-Post ,
and has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. 9331 A.02, 9331 A.O?, and other applic-
able laws, as amended.
(8) The printed public notice that is attached was published in the newspaper once each
week, for ~ successive week(s); it was first published on Thursday, the -L day
of December , 2005, and was thereafter printed and published on every Thursday
to and including Thursday, the _ day of , 2005; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abcdefgh ij kl mnopq rs tuvwxyz
,
BY: (
Subscribed and sworn to or affirmed before me
December , 2005.
'OF "..
. MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSlON EXPIRES 1-31..{)9
::
-
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.85 oer line
for comparable space
(2) Maximum rate allowed by law S 6.20 per line
(3) Rate actually charged $ 1.30 per line
ORDINANCE NO. 05-20
AN ORDINANCE REGULATING
THE DISTRIBUTION OF PROCEEDS
RECEIVED FROM CHARITABLE GAMBLING
The City Council of the City of New Hope ordains:
Section 1. Section 8-26 "Charitable Gambling" is hereby amended by adding subsection
(d) "Distribution of Proceeds" to read as follows:
(d) Distriblltion of Proceeds.
(1) Each organization licensed to conduct gan1bling \vithin the City s11all contribute
to a fund administered and re2:ulated bv the City ~ \vithout cost to such fund~ for
distribution by the City for purposes authorized under Minnesota Statutes.
Section 349.213~ Subd. 1~ an amount equal to ten oercent (10%) of the
organization's net orofits derived fron1lawful garnbling at premises \vithin the
Citv. For purposes of this subsection~ the term "net profits" means profits less
amounts expended for allowable expenses: the ternlS "Of of its " and "allo\vable
expenses" have the meanin2:s Qjven them by Minnesota Statutes~ Chapter 349
and rules and regulations proll1ulgated thereunder. Payments to the fund shall
be made annually on or before Januarv 31 for the prior calendar Year. and shall
be subnlitted together \vith verifiable supporring documentation.
(2) Each organization conducting lawful gambling \vithin the City n1ust expend
fifteen percent ( 15 %) of its lawful purpose expenditures on lawful purposes
conducted or located \vithin the trade area of the Citv. For the purposes of this
subsection~ the term "trade area" means the area within the boundaries of the
City and within the boundaries of the cities of Crvstal~ Robbinsdale~ Golden
V alley ~ Brooklvn Center and Brooklvn Park: provided that a contribution to
IndeDendent School District 281 is deemed to have been lllade in the trade area
of the City. This subdivision applies only to lawful purpose expenditures of
gross profits derived froll1 lawful galnblin2: conducted at pren1ises \vithin the
City. On or before each J anuarv 31 ~ each organization must file \vith the City
( a) a report listin2: all la\vful purpose expenditures in the prior calendar year.
the nanle of the entity to whom each check \vas written~ and the City location of
the recioient: and (b) a report preDared bv an independent certified public
accountant docun1entin2: COIlloliance \vith this subdivision.
1
Section 2. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 14th day of November , 2005.
;{ -
,,1\ ttest: Ztu~( ~7?L
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the 24th day of November , 2005.)
P;\ATTORNEY\CNH ORDIN:\NCES\99.40l40~ORD NO.05~20 REG CHARITABLE GAt-.1BLlNG PROCEEDS. DOC
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AFFIDA vir OF PUBLICATION
STATE OF MINNESOTA)
55.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as Sun-Post ,
and has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. 9331 A.02, 9331A.07, and other applic-
able laws, as amended.
YV. .... ::~,.
(8) The printed public notice that is attached was published in the newspaper once each ..t_i.~(t~:l1~~~i;(~ts
week, for ~ successive week(s); it was first published on Thursday, the ~ day
:.~.:.'::... ~.: .:::..:.:::.:/::....:::.:..:..:::.. :::.::.::".:."::::,:":":":":::.::"::-:::":<. . . ...
of November ,2005, and was thereafter printed and published on every Thursday .citY'9f;~~~.~~R~iii~~~~;~ii;.
to and including Thursday, the _ day of , 2005; and printed below Is ;',"i ...................'i'................, {Qff'c:i~I:.p.u f?Jic:~..~i9.l1l.,
.,.i,.,::i::.:.,.:.,:~~,~..~.~.~~,x~i.~.gT:,8~f~a.;i;.::.':::.
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- "".ANOBDINANCE:Rr;'c;ULATiNG:"'.
,i,..tI~,()ISTBIBUTIOf\jOF;P80CE.EDS:":
'............~.S~.:.~~??:F8.~~,Cti~.~I~~~.~~:.~.~~..~...~.~.~..~.
edged as being the size and kind of type used in the composition and publication of the ~~~~~~~8il;9f th~GJ~i~t~e\'l~~p.T,gf5l~!)S:
notice: S~?ti()~1:"'8e9~ion: 8~?€i','tCharjfabfe:GaITIbling" is
tl~rs!:>Y.~m~Qg€7g.bYf<3c:i9i ~ g,?YtJ~t?'?!i()n'(d)\[)iS~:i?~tiO n of
~~~C~~~S':~~:~~:d~::~~U~:~::.::.:.:.."
~.::<:.. ;.: ::":"::::; ::,.:~::::::.:.: :::.::.:::.::.:.::':.~.. "::"::.::;.. . .: .. ::.:" :::. .::"."::: :/;.. ":.. ". : ::":..:::"::: :. .:::" ~
abcdefg h ijkl mnopq rstuvwxyz
w.Eachoraanization.licensedtoconductaamblina.. with-
ihthe...Cit\t:shallcbntributeto'a fUndadrriihistefl'ed . and
, reoLJlatedbv the Gity. \vilhdlJfcbsttoslJchluhd: fa r dis.
tributibnibvthe Gitv.Jdf.ibUrooses authdrized ..... unde r
Minries6ta.......Statutes:Secti6ri.:349.213;i.Subd;. 1. an
BY: a rriOuntebtialto ten.... oefee ritf1 OC.):~Vbf"the;;6 man tza-
ti6rir~h~~}o~cintsderiV~,c:i/ltbrTilawflJ I'oarn b/ i ng at
o re:mise~y~it?i~:~~~'.9itY~"i.Fo~o~n:H::l~es ....?~ this sub-
secHo'n. ..... thete rm~~net '0 rofits" means ...0 rofits less
fiJTlotihfsexDerideOfcif"'al f Q!t;"ab!e.exbehses: th e term s
''orbfits:'and:',allo\vableexOerises'r have the meaninos
niven...therrl?Yiry1i~~~~9taS~~t~t~s ......c:;hat)tef 349 and
rulesan~reaUJ~tiohS'Droll1uI9atedthereundeL. Pav.
Subscribed and sworn to or affirmed before me ments to the fund shaH be made annually onor before
JahuarV31'fbfthe orior calendarvear.andshall be
on this ~ day of November 1 2005. "Sl1brriitted'fOoetherwith.. . vedfifibles't..IDOortina. docu.
rrfehtan6hY>
.::":":":."::::.:.::-- ::: .:.:.:i:::.:.::: ".:.":" ".:. .:::::.:". .....::: . ~.. . ":". .:.::::":"..::." :.: . .;":":. . ::..:". : ":;. .:~. :.:;:":":: :::.: .:.:::.. .::... ::.::.:.:~. ::::. ": ":.::... .. .".:...:":" :~... . .....: :" ~..
;1 dv (la f2J....EachO't21a!1itaHbHxcohdl.Jdihd:lat(iiI110a'rnblino .; within
, / / the. GitV'rhusfexoendJifteen.oercent f15Sb): Grits la\N-
'I 1/ . .'7, .;~ ful Durbbss'eXDenditUresbn fa\vfl.llOurobsesCbhduct.
... Ji/L( M ,. \ 0---L.-- . ~ ediof loCafedtiiithriithe'ttadearea'bfith9'Git\i.'. For the
!Jl.l rDoses::'ofthissubsettion;ithe.term"trade... area"
Notary PublV ! means thearea\\/ithin the bbUndariesof the.. City and
\vithirithe:bduhdatle'Softhe'ciHesdfGrvstal:.. Rob-
- ... binsdaleJGbldeh\VaHeV):BrObklvri'Gelilerahd.. Brook-
Ivn... Park::OI'6videdthata contributiOh,to.... li1deoendent
e MARY ANN CARLSON Schoof District28f isdeemedtdhave beehmade in
the tradeareaofthe..Citv.... This .~ut:>~iYI~iof) ano/ies
: . NOTARY PUBUC - MINNESOTA only to lawful..... ou roose>exoenditures ~ofarossDroms
MY COMMISSION EXPIRES 1-31..09 derivE:!dfromla\vfu laan"l~Hn{J cond~cte~'EltDremises
. Tllithirl t~e c:;itv/Onorbef()r~ eachJEinuCl~V 3Leach
'. "oraa"Izatiof)I1'lLJstfile\Vit~t~e:<?Hy falareo()rtlistina
aH1Eiwful. DU~Cl?se .E!X:?E:!ndi~u~~~:j"theClri()rcalendar
veaL the na~e' of the entity t? whomeaehcheck was
RATE INFORMATION written;and"thE:!Citv locationof!~e recioient: and.. Cb)
a. reoort or~DarE!d bv.. ani"deoendef)t certified..oubl Ie
a.C?~()untantdoeumentfng. comoliance with this su bdi-
(1) Lowest classified rate paid by commercial users $ 2.85 Der line V1SlOn, ,
SeCtion 2..E~ectiv~DClte.This'Or~i~ahdeshanbe ef-
tor comparable space fective ~ponits~as~~~~and.p~~lication. '
6.20 per line Datedtht?14thday of November,200S:
(2) Maximum rate allowed by law $
Martin E,QpemSr.; Mayor
(3) Rate actually charged $ 1.30 per line Attest
Valerie: Leone, City qlE!~~
(PUbH~h~dinthe.fVe~AIHope7C3qldef7.. ValfeySun~F'ost the
24th daYOf~oyernb~r,2g~5.)....... ... ........................ .,.......'
(Nov. 24, 2005)p2/0rdinance05-20
ORDINANCE NO. 05-21
AN ORDINANCE AMENDING CHAPTER 14 OF Till: NEW HOPE CITY CODE
RELATING TO CITY FEES
The City Council of the City of Ne\v Hope ordains:
Section 1. Section 14-2(11) "Housing Property Maintenance inspection fees" of the New
Hope City Code is hereby amended to read as follows:
(11) Housillg Property 171ailltenQ11Ce inspection fees. Fee amounts for the housing
property maintenance inspection required by Sections 3-30, 3-32 and 3-34 are as follows:
Single- alld T\vo-Family Residences, Condominiums and Townhouses (initial
inspection and first reinspect) per d\velling unit. ...... . $120. 00 $125.00
Multiple residences with three or more units (initial inspection and first reinspect)
1 st unit each building... $120. 00 $125.00
Each additional unit...$15.00
Reinspection after first reinspect -- Single-family and multiple residences per hour
(one hour mininlum) .. .$47.00
Section 2. Section 14-S0(2)(a) "Metered \vater sewer rates; adiustment" of the New Hope
City Code is hereby anlended to read as follows:
a. Metered water sewer rates; adjustment. For all premises where the sewer
rate is based upon metered water, the fees shall include a minimum charge of ~ $4.50
per month plus ~ $3.04 for each 1,000 gallons of \vater consumption over and above
the initial 1,000 gallons. For single- famil)' residences only, sewer charges shall be
computed on the basis of actual gallons of water metered during the winter months of
December through March; sewer charges for the remaining eight months, shall be
determined by averaging the gallonage of \vater metered during the winter months between
December through March; provided, however, that the gallons charged for the eight
nonwinter months shall not exceed an amount equal to the actual metered water, if actual
usage is less than the amount determined by the averaging method.
Section 3. Section 14-50(lO)(b) "Water rates" of tl1e New Hope City Code is hereby
amended to read as follows:
b. Water rates. Water bills slla11 be concurred with sewer billings. The rate
for water furnished to consumers by the municipal water system shall be as follows: The
minimum monthly charge \vill be ~ $5.15 for each meter plus ~ $3.16 for each
1,000 gallons of consumption over and above the initial 1,000 gallons recorded on said
1
meter for the month. $0.43 of the minimum monthly charge is assessed by the Minnesota
Commissioner of Health and shown on the billing statement as a miscellaneous charge.
This charge is authorized by Minn. Stat. S 144.3831.
Section 4. Section 14-50(10)(h) "Reconnection charge" of the New Hope City Code is
hereby amended to read as follo\vs:
h. Reconlzectioll charge. A $10.00 $45.0Q service fee shall be charged for
reconnectian to the city's water service resulting froln nonpayment of the city water billing
or if the disconnection is voluntary and requested by either the owner or occupant of the
property.
Section 5. Section 14-50(11) "Storm\vater utility rate" of the New Hope City Code is
hereby amended to read as follo\vs:
(11) Sto171Z}Vater utilit)l rate. Pursuant to Minn. Stat. S 444.075 and subsection
5-3(t)(2) of this Code, a monthly charge per residential equivalent factor (REF) assigned to
a land parcel shall be billed to the o\\'ner or occupant of each parcel of property in New
Hope. The purpose of said charge is to pay for the repajr, improvement, maintenance and
operation of the municipal stormwater drainage systenl. Said charge shall be determined as
follows:
a. Single- and two-family residential parcels per REF...~ $5.91
b. All other residential, commercial and industrial parcels per REF...~
$8.88
Section 6. Section 14-1(2) "Assessable city charges certified to taxes" of the New Hope
City Code is hereby anlended to read as follows:
2) Assessable cit)' charges ce/1ifie(1 to tCLtes. ~1inn. Stat. 9 429.101 permits the
city to certify to the county auditor delinquent unpaid billings for city services in the same
manner as special assessments for public inlprovenlencs to be collected with real estate
taxes against offending lots or parcels owing for said services. Such services include, but
are not limited to, water, sanitary and starIn sewer, recycling, street lighting and weed and
tree removal. In the event it becomes necessary to certify any unpaid billing for city
services to the county auditor as a special assessment for the collection with real estate
taxes, a $35. 00 $40.00 certification processing fee will be charged to the costs so certified
in addition to the actual unpaid amount and applicable interest and/or penalty charges.
Tllis charge is Ilecessary to cover the city's expense for certification and publication costs
and administrative time spent to certify the unpaid billings to the county for collection.
Section 7. Effective Date. This Ordinance shall be effective upon its passage and
publication.
2
Dated the 12th day of December, 2005.
/ ~
Attest: J .?0
1~( . 7Y\L
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the ~hday of December , 2005.)
P;\ATIORNEY\CNH ORDINANCES\99.80521-001-0RD NO 05~21 CHAPTER 14.DOC
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SUMMARY OF ORDINANCE NO. 05-21
AN ORDINANCE AMENDING CHAPTER 14 OF THE NEW HOPE CITY CODE
RELATING TO CITY FEES
The following summary of Ordinance No. 05-21 is hereby approved this 12th day of
December, 2005, by the New Hope City Council for official publication. The Council hereby
determines this summary ordinance clearly informs the public of the intent and effect of
Ordinance No. 05-21.
1. The title of Ordinance No. 05-21 is "An Ordinance Amending Chaoter 14 of the New
Hope Citv Code Relating to Citv Fees".
2. Section 1 of the ordinance amends Section 14-2(11) "Housing Property maintenance
inspection fee" by increasing the base fee to $125.00 on all buildings subject to code
compliance and point of sale inspections.
3. Section 2 of the Ordinance amends Section l4-50(2)(a) "Metered water sewer rates~
adiustment" by increasing the minimum monthly charge to $4.50 plus $3.04 for each
1,000 gallons of water consumption over the initial 1,000 gallons.
4. Section 3 of the Ordinance amends Section 14-50(1 O)(b) "Water rates" by increasing the
minimum monthly fee to $5.15 plus $3.16 for each 1,000 gallons of consumption over
the initial 1 ,000 gallons.
5. Section 4 of the Ordinance amends Section l4-50(10)(h) "RecolUlection charge" by
increasing this fee to $45.00.
6. Section 5 of the Ordinance amends Section 14-50(11) "Stormwater lltility rate" by
increasing the fee based on a residential equivalent factor to $5.91 for single and two
family residential parcels and $8.88 for all other residential commercial and industrial
parcels.
7. Section 6 of the Ordinance amellds Section 14-1 (2) "Assessable city charges certified to
taxes" has been amended by increasing the fee to $40.00.
8. Section 7 of the Ordinance make the Ordinance effective upon publication of this
summary.
Dated this 12th day of December, 2005. '14av-alnA ~
4 ~
M i E. Opem Sr.,~ayor
Attest: " ~.(~/lL
Valerie Leone, City Clerk
P:\-\ttorney\Cnh Ordinances\99. S0521-002-Summary of Ord 05-21.doc
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newspapers
AFFIDA VIT OF PUBLICATION
STATE OF MINNESOTA)
58.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as Sun-Post ,
and has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. 9331 A.02, 9331 A.O?, and other applic-
able laws, as amended.
(8) The printed public notice that is attached was published in the newspaper once each
week, for ~ successive week(s); it was first published on Thursday, the ~ day
of December , 2005, and was thereafter printed and published on every Thursday
to and including Thursday, the _ day of , 2005; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abed efg h ij kl mnopq rstuvwxyz
t
BY:
Subscribed and sworn to or affirmed before me
on this ~ day of
/J
~^------
e MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
. MY COMMISSION EXPIRES 1~1..()9
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.85 oef line
for comparable space
(2) Maximum rate allowed by law $ 6.20 per line
(3) Rate actually charged $ 1.30 per line