2009 ORDORDINANCE NO. 2009 -01
AN ORDINANCE AMENDING CHAPTER 10
OF THE NEW HOPE CITY CODE BY INCREASING
THE NUMBER OF "OFF SALE" LIQUOR LICENSES
The City Council of the City of New Hope ordains:
Section 1 . Section 10 -40 "Intoxicating Liquors" of the New Hope City Code is hereby
amended by amending section 10 -40 (a)(2) "Number of off sale licenses" to read as follows:
(2) Number of off sale licenses. The maximum number of off sale licenses which shall
be issued by the city is , � ,
Section 2. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 9th day of March, 2009.
Kathi Hemken, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope - Golden Valley Sun -Post the 19th day of March , 2009.)
—I—
City of New Hope
(Official Publication)
ORDINANCE NO. 2009-01
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
Richard Hendrickson being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
AN ORDINANCE AMENDING CHAPTER 10
OFTHE NEW HOPE CITY CODE BY INCREASING
THE NUMBER OF "OFF SALE" LIQUOR LICENSES
The City Council of the City of New Hope ordains:
Section 1 . Section 10 -40 "Intoxicating Liquors" of
the New Hope City Code is hereby amended by amend-
ing section 10 -40 (a)(2) "Number of off sale licenses" to
read as follows:
(2) Number of off sale licenses. The maximum number of
off sale licenses which shall be issued by the city is
seven eight
Section 2 . Effective Date. This Ordinance shall be ef-
fective upon its passage and publication.
Dated the 9th day of March, 2009.
Kathi Hemken, Mayor
as V, NH, Crystal, Robbinsdale Sun -Post Attest: Leone, City Clerk
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s); it was first published on Thurs-
day, the 19 day of March
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the day of
, 2009; and printed
below is a copy of the lower case alpha -
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
(Published in the New Hope - Golden Valley Sun -Post the
19th day of March, 2009.)
(Mar. 19, 2009) p2 -Ord 09 -01
abcdefghijklmnopgrstuvwxyz
r
BY:
CFO
Subscribed and sworn to or affirmed
before me on this 19 day of
March 2009.
Notary Public
MARY ANN CARLSON
NOTARY PUBLIC — MINNESOTA
MY COMMISSION EXPIRES 1 -31 -14
ORDINANCE NO. 2009-02
AN ORDINANCE AMENDING CHAPTER 3
OF THE NEW HOPE CITY CODE BY ESTABLISHING
REGULATIONS TO SECURE VACANT BUILDINGS
The City Council of the City of New Hope ordains:
Section l . Section 3 -34 "Vacant Buildings" of the New Hope City Code is hereby added to
read as follows:
Sec. 3 -34. Vacant Buildings
(a) P=ose. The purpose of this Section, pursuant to the authority of Minn. Stat. §463.251, is to
regulate vacant and hazardous dwellings and buildings in order to enhance the livability and preserve
the tax base and property values of buildings within the City by assuring that vacant buildings that
are capable of rehabilitation are adequately secured to prevent further dilapidation and those
buildings that are not capable of rehabilitation are promptly demolished.
(b) Findings The City Council finds, determines and declares that buildings which remain vacant
and unoccupied for an unreasonable period of time become an attractive nuisance to children, a
harborage for rodents, an invitation to derelicts, vagrants and criminals as a temporary abode and an
increased fire hazard; that the owners of such buildings may permit the buildings to become
dilapidated since the buildings are often economically obsolete and the owners of such buildings are
unwilling to expend the necessary funds to secure the buildings; that such buildings contribute to the
growth of blight within the City, depress market values of surrounding properties, require additional
government services, constitute an unreasonable use and condition to the annoyance, discomfort and
repose of a considerable number of the public, and thus may constitute a nuisance condition.
Adequate protection of the public health, safety and welfare, therefore, requires the establishment
and enforcement of the means by which such nuisance conditions may be abated.
(c) Securing Vacant Buildings
(1) Notice and order. In general, if any building becomes vacant or unoccupied and is
deemed hazardous due to the fact that the building is open to trespass and has not been
secured and the building could be made safe by securing the building, the City Manager or
the Building Official or their designated representatives may order the building secured and
shall cause notice of the order to be served upon the owner of the premises or the owner's
agent, the taxpayer identified in the property tax records for the parcel, the holder of the
mortgage or sheriff's certificate and any neighborhood association for the neighborhood in
which the building is located that has requested notice. Such notice may be served
personally or by mail. Service by mail is completed upon mailing a copy of the order to the
parties designated herein, by first class mail, at their last known address.
(2) Securing building by ci • lien If the owner fails to comply with or provide a reasonable
—1—
plan and schedule to comply with the order within six (6) days after the order is served, the
building shall be boarded up or otherwise properly secured. Whenever a building is boarded
up pursuant to the authority of this Section, all openings to the building shall be boarded and
secured. In securing the building, any reasonable action may be taken to insure that the gas,
electric and water utilities serving the building are in an appropriate condition so as not to
contribute any further damages to the property during the period that the building remains
vacant and unoccupied.
(3) Emergencies When it is determined by the City Manager or the City Manager's
designee that an emergency exists with respect to the health or safety of persons in the
community, and an immediate boarding and securing of a building is required, and where
danger will exist to children, transients or others or the building itself in the absence of an
immediate boarding or securing of the building, the City Manager or the City Manager's
designee may waive all requirements herein and immediately cause the building to be
boarded or otherwise secured, provided that:
a. The conditions showing the existence of an emergency are documented by the City
Manager or the City Manager's designee, and
b. Notice is mailed immediately by the City Manager or the City Manager's designee
invoking this Section to the last known address of the owner of the premises or the
owner's agent, the taxpayer identified in the property tax records for the parcel, the
holder of the mortgage or sheriff's certificate and any neighborhood association for
the neighborhood in which the building is located that has requested notice, of the
date of the boarding or otherwise securing of the property and the reasons therefore.
(d) Re- securing building. After a vacant or unoccupied building has been boarded or otherwise
secured under this Section, should the owner fail to maintain the building in a secured condition until
such time as it has been repaired and occupied, the City shall re- secure any openings into the
building whenever it becomes open to trespass, without further notice to owner of the premises or the
owner's agent, the taxpayer identified in the property tax records for the parcel, the holder of the
mortgage or sheriff's certificate and any neighborhood association.
(e) Collection of costs All costs incurred by the City for boarding or otherwise securing a
building under this Section, including, but not limited to the actual costs for boarding, inspecting,
posting, administration and monitoring the building shall be the responsibility of the owner.
Payment of the costs incurred by the City shall be due within thirty (30) days of such notification.
Upon default of payment after the thirty (30) day notification period, the costs shall be levied
and collected as a special assessment against the property pursuant to the authority of Minn.
Stat. §463.21.
Section 2 . Effective Date. This Ordinance shall be effective upon its passage and
publication.
—2—
Dated the 23 day of March, 2009.
Kathi Hemken, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the 2nd day of April _, 2009.)
PAAttomcy�SAS\l Client Files\2 City of New Hope\99-40146\proposed ord - securing vacant buildings.doc
—3—
SUMMARY OF ORDINANCE NO. 09 -02
AN ORDINANCE AMENDING CHAPTER 3 OF THE NEW HOPE CITY CODE
ESTABLISHING REGULATIONS TO SECURE VACANT BUILDINGS
The following summary of Ordinance No. 09 -02 is hereby approved this 23 day of
March, 2009, 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. 09 -02.
1. The title of Ordinance No. 09 -02 is " An Ordinance Amending Chapter 3 of the New Hope
City Code Establishing Regulations To Secure Vacant Buildings ".
2. Section 1 of the ordinance amends New Hope Code Chapter 3 by adding a new Section
3 -34 " Vacant Buildings and five subsections of Section 3 -34 described as follows:
a. subsection (a) " Purpose " describes the reason for the new regulations. Minn. Stat.
§463.251 provides the City with authority to secure vacant buildings that are
capable of rehabilitation to prevent further dilapidation.
b. Subsection (b) " Findings " declares that vacant buildings are a public safety
hazard and an attractive nuisance for children. They can also harbor rodents,
invite trespass, attract an unwanted criminal element, constitute a fire hazard and
depress the City's property values. It is necessary to secure such buildings for
public health and safety purposes.
c. subsection (c) " Securing vacant Buildings permits the City to order a vacant
building secured and establishes the procedure to give the property owner notice
to secure a vacant building. In the event the owner fails to properly secure a
vacant building the City has the authority to secure the building and charge the
cost to do so back to the owner as a lien on the building. In emergency situations
when there is an immediate danger to public safety the City may secure the
building without notice to the owner and charge the owner with the cost to secure
the building. The City must document the emergency public safety conditions and
notice must be mailed immediately to the owner after the building is secured.
d. subsection (d) " Re- securing building permits the City, without notice to the
owner, to re- secure any vacant building the owner allows to become unsecured
after it was previously secured pursuant to section 3 -34.
e. subsection (e) " Collection of costs requires the property owner to pay for all
costs to secure a vacant building under section 3 -34. If the City is required to
secure the building and the owner fails to pay for the costs within 30 days of the
City's billing notification period the City may assess the costs against the property
as a special assessment payable with real estate taxes on the property.
3. Section 2 of the Ordinance make the Ordinance effective upon publication of this
summary.
Dated this 23 day of March, 2009.
Kathi Hernken, Mayor
Attest: 0-
Valerie Leone, City Clerk
PP'Attorney' Client Files\2 City of New Hope99-40146\Su=ary of Ord 09-02.doc
City of New Hope
(Official Publication)
SUMMARY OF ORDINANCE NO. 09 -02
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Richard Hendrickson being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as
GV, NH, Crystal, Robbinsdale Sun -Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s); it was first published on Thurs-
day, the 2 day of April
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
, 2009; and printed
below is a copy of the lower case alpha -
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefghijkl mnopgrstuvwxyz
BY:
CFO
Subscribed and sworn to or affirmed
before me on this 2 day of
April — 1 2009.
AN ORDINANCE AMENDING CHAPTER 3 OFTHE
NEW HOPE CITY CODE ESTABLISHING
REGULATIONS TO SECURE VACANT BUILDINGS
The following summary of Ordinance No. 09 -02 is
hereby approved this 23rd day of March, 2009, by the New
Hope City Council for official publication. The Council
hereby determines this summary ordinance clearly in-
forms the public of the intent and effect of Ordinance No.
09 -02.
1. The title of Ordinance No. 09 -02 is " Ordinance
Amending Chapter 3 of the New Hope City Code Es-
tablishing Regulations To Secure Vacant Buildings
2. Section 1 of the ordinance amends New Hope Code
Chapter 3 by adding a new Section 3 -34 " Vacant
Buildinas and five subsections of Section 3 -34 de-
scribed as follows:
a. subsection (a) " Purpose "describes the reason for
the new regulations. Minn. Stat. §463.251 pro-
vides the City with authority to secure vacant
buildings that are capable of rehabilitation to pre-
vent further dilapidation.
b. Subsection (b) " Findings " declares that vacant
buildings are a public safety hazard and an at-
tractive nuisance for children. They can also har-
bor rodents, invite trespass, attract an unwanted
criminal element, constitute a fire hazard and de-
press the City's property values. It is necessary to
secure such buildings for public health and safety
purposes.
c. subsection (c) " Securing vacant Buildings per-
mits the City to order a vacant building secured
and establishes the procedure to give the proper-
ty owner notice to secure a vacant building. In the
event the owner fails to properly secure a vacant
building the City has the authority to secure the
building and charge the cost to do so back to the
owner as a lien on the building. In emergency sit-
uations when there is an immediate danger to
public safety the City may secure the building
without notice to the owner and charge the owner
with the cost to secure the building. The City must
document the emergency public safety conditions
and notice must be mailed immediately to the
owner after the building is secured.
d. subsection (d) " Re- securing building permits the
City, without notice to the owner, to re- secure any
vacant building the owner allows to become un-
secured after it was previously secured pursuant
to section 3 -34.
e. subsection (e) " Collection of costs requires the
property owner to pay for all costs to secure a va-
cant building under section 3 -34. If the City is re-
quired to secure the building and the owner fails
to pay for the costs within 30 days of the City's
billing notification period the City may assess the
costs against the property as a special assess-
ment payable with real estate taxes on the prop-
erty.
3. Section 2 of the Ordinance make the Ordinance ef-
fective upon publication of this summary.
Dated this 23rd day of March, 2009.
Kathi Hemken, Mayor
Attest:
Valerie Leone, City Clerk
(Apr. 2, 2009) p2 -Ord 09 -02
Notary Public
MARY ANN CARLSON
NOTARY PUBLIC — MINNESOTA
MY COMMISSION EXPIRES 1 -31 -14
�i'+
ORDINANCE NO. 2009-03
AN ORDINANCE AMENDING CHAPTER 2 OF
THE NEW HOPE CITY CODE BY ESTABLISHING AN
ADMINISTRATIVE FINES ENFORCEMENT PROGRAM
The City Council of the City of New Hope ordains:
Section 1. Section 2 -60 "Administrative Fines Enforcement Program" of the New Hope City
Code is hereby added to read as follows:
Sec. 2 -60. Administrative Fines Enforcement Program
(a) Administrative citations and civil penalties Sections 2 -60(d) through 2 -60(i) shall govern
administrative citations and civil penalties for violations of this code.
(b) Pu rpose . The City Council finds that there is a need for alternative methods of enforcing the
city code. While criminal fines and penalties have been the most frequent enforcement mechanism,
there are certain negative consequences for both the city and the accused. The delay inherent in that
system does not ensure prompt resolution. Citizens resent being labeled as criminals for violations of
administrative regulations. The higher burden of proof and the potential of incarceration do not
appear appropriate for most administrative violations. The criminal process does not always regard
city code violations as being important. Accordingly, the city council finds that the use of
administrative citations and the imposition of civil penalties is a legitimate and necessary alternative
method of enforcement. This method of enforcement is in addition to any other legal remedy that
may be pursued for city code violations.
(c) General provisions
Administrative offense. A violation of any provision of the city code is an
administrative offense that may be subject to an administrative citation and civil
penalties. Each day a violation exists constitutes a separate offense.
2. Exemption Alcohol and tobacco license violations are not subject to administrative
citation under section 2 -60 of this code. See New Hope Code sections 8 -7(f) and 10-
82 for administrative sanctions relating to tobacco and alcohol license violations.
3. Civilpenalty An administrative offense may be subject to a civil fine not to exceed
the maximum fine for a misdemeanor violation under state law.
4. Schedule of fines and fees The City Council shall adopt by resolution a schedule of
fines for offenses initiated by administrative citation. The city council is not bound by
that schedule when a matter is appealed to it for administrative review under section
—1—
2 -60(g) of this code. The City Council may adopt a schedule of fees to be paid to
administrative hearing officers.
(d) Administrative citation procedures
Administrative notice
a. Upon the first violation, the city will issue an administrative notice to the
violator. The city will deliver the administrative notice to the violator in
person or by regular mail. The violator will have seven calendar days to
correct the violation after issuance of the administrative notice.
b. If the violator is making a good faith attempt to remedy the violation, the
city may grant an extension, the length of which must be agreed upon in
writing between the city and the violator.
2. Administrative citation If the violator fails to correct the violation within the time
period provided in the Administrative Notice, the city may issue an administrative
citation. The city must issue the citation to the violator in person or by certified and
regular mail. In the case of a vehicular offense, the citation may be attached to the
motor vehicle. The citation must state the date, time, and nature of the offense, the
name of the issuing officer, the amount of the scheduled fine, and the manner for
paying the fine or appealing the citation.
3. Payment The violator must either pay the scheduled fine or request a hearing within
seven days after issuance of the citation. Penalties for failure to correct the violation
or late payment of the fine may be imposed as set forth in section 2- 60(h)(4) of this
code. The city may issue a second citation or take other legal action to achieve
compliance with the ordinances.
(e) Administrative hearing
1. Hearing officers The City Council will periodically approve a list of qualified
individuals, from which the city clerk will randomly select a hearing officer to hear
and determine a matter for which a hearing is requested. The hearing officer will be a
public officer as defined by Minn. Stat. §609.415. The hearing officer must not be a
city employee. The city clerk must establish a procedure for evaluating the
competency of the hearing officers, including comments from accused violators and
city staff. These reports must be provided to the City Council.
2. Removal of hearing officer No later than five days before the date of the hearing, the
violator may make a written request that the assigned hearing officer be removed
from the case. The city clerk will automatically grant one request for removal. A
—2—
subsequent request must be directed to the assigned hearing officer who will decide
whether they can fairly and objectively review the case. If the hearing officer
determines they cannot fairly and objectively review the case, the hearing officer
shall notify the city clerk in writing at least one day before the scheduled hearing
date. The city clerk will then assign another hearing officer.
3. Notice of hearing Within 30 days of the request for a hearing, the city clerk will
schedule the hearing and will notify the violator and involved city staff of the date,
time and place for the hearing. Parties are expected to be available at the hearing for a
minimum of two hours. Notice of the hearing must be mailed to the violator and the
hearing officer at least ten days in advance of the scheduled hearing, unless a shorter
time is accepted by all parties. The notice must contain the names of the parties, the
identity. of the hearing officer, the location of the alleged violation and the type of
violation alleged.
4. Continuance A request for a continuance must be made to the city clerk at least five
days prior to the scheduled hearing date. The city clerk may grant a continuance at
the request of the violator or the city staff member only for good cause shown and for
no more than ten days from the originally assigned date.
5. File transmittal
a. Upon receipt of any request for a hearing, the city clerk's office will
compile a summary report detailing the facts in support of any
determination that the offense constitutes a violation. The summary report
will include the following information:
i. copy of the citation issued;
ii. copy of the Administrative Notice, which preceded the citation;
iii. copy of any case history in the issuing employee's department;
iv. photographs and/or videotape of property where available;
v. proof of mailing and /or posting of notice on the property if the citation
was not personally served on the violator.
b. The file must be ready for the hearing officer to pick up on the business day
preceding the scheduled hearing.
6. Presentation of case At the hearing, the parties will have the opportunity to present
testimony and question any witnesses, but strict rules of evidence will not apply. The
hearing officer must tape record the hearing and receive testimony and exhibits. The
hearing officer must receive and give weight to evidence, including hearsay evidence
that possesses probative value commonly accepted by reasonable and prudent people
in the conduct of their affairs.
—3—
7. Decision.
a. The hearing officer must issue a written decision containing findings of
fact, conclusions of law and an order. The decision will be mailed to the
parties within ten days after the hearing. The hearing officer has the
authority to determine that a violation occurred, to dismiss a citation, to
impose the scheduled fine, and to reduce, stay, or waive a scheduled fine
either unconditionally or upon compliance with appropriate conditions.
When imposing a penalty for a violation, the hearing officer may consider
any or all of the following factors:
i. duration of the violation;
ii. frequency of reoccurrence of the violation;
iii, seriousness of the violation;
iv. history of the violation;
v. violator's conduct after issuance of the administrative notice and
citation;
vi. violator's conduct after issuance of the notice of hearing;
vii. good faith effort by the violator to comply;
viii. impact of the violation upon the community;
ix. prior record of city code violations; and
x. any other factors appropriate to a just result.
b. The hearing officer may not impose a fine greater than the established fine,
except that the hearing officer may impose a fine for each week that the
violation continues if: (i) the violation caused or is causing a serious threat
of harm to the public health, safety, or welfare or (ii) the violator
intentionally and unreasonably refused or refuses to comply with the code
requirement.
8. Right of Appeal. Except as provided in sections 2 -60(f) and (g) of this code, the
decision of the hearing officer is final without any further right of appeal.
9. Failure to appear The failure to attend the hearing constitutes a waiver of the
violator's rights to an administrative hearing and an admission of the violation. A
hearing officer may waive this result upon good cause shown. Examples of "good
cause" are: death in the immediate family or documented incapacitating illness of the
violator; a court order requiring the violator to appear for another hearing at the same
time; and lack of proper service of the citation or notice of the hearing. "Good cause"
does not include: forgetfulness; lack of transportation or child care; and intentional
delay.
M
(f) Judicial review An aggrieved party may obtain judicial review of the decision of the hearing
officer or the City Council as provided in state law.
(g) Administrative review
1. Appeal A violator may appeal the hearing officer's decision in any of the following
matters to the City Council for administrative review:
a. an alleged failure to obtain a permit, license or other approval from the City
Council as required by this code, county ordinance or state law;
b. an alleged violation of a permit, license, other approval, or the conditions
attached to the permit, license, or approval, that was granted by the City
Council; or
C. an alleged violation of regulations governing a person or entity who has
received a license granted by the City Council.
2. Notice The appeal under this section will be heard by the City Council. Notice of the
hearing must be delivered to the alleged violator or property owner and involved city
staff, in person or by mail at least ten days in advance of the hearing. The parties to
the hearing will have an opportunity to present oral or written arguments regarding
the hearing officer's decision.
3. Decisions. The City Council must consider the record, the hearing officer's decision,
and any additional arguments before making a determination. The City Council is not
bound by the hearing officer's decision, but may adopt all or part of the officer's
decision. The Council's decision must be in writing.
4. Suspension or revocation In addition to imposing a civil penalty, the Council may
suspend or revoke a city- issued license, permit, or other approval associated with the
violation.
(h) Recovery of civil penalties
1. Non - payment If a civil penalty is not paid within the time specified:
a. it may constitute a lien on the real property upon which the violation
occurred if the property or improvements on the property was the subject of
the violation and the property owner was found responsible for that
violation; or
b. it will be a personal obligation of the violator in all situations.
—5—
2. Lien A lien may be assessed against the property and collected in the same manner
as real taxes as authorized by Minnesota law.
3. Personal obligation A personal obligation may be collected by appropriate legal
means.
4. Late fees /chafes.
a. If after seven days the fine has not been paid or a hearing requested, the fine
will increase by 10% for each seven days thereafter for one month. After
four weeks and four late fee charges have been added to the original fine,
the total bill will be assessed to the property taxes and all city licenses will
be revoked. For continued violations, the city will correct the violation and
assess the charges for doing so onto the property taxes or criminal charges
may be filed.
b. If the same property and property owner are charged with a subsequent
violation within a 12 -month period for the same, or substantially similar
offense, the fine will be increased by 25 %. After a third infraction in a 12-
month period, the fine will increase by 50 %, and after a fourth infraction by
100 %.
5. License revocation or suspension Failure to pay a fine is grounds for suspending or
revoking a license related to the violation.
(i) Criminal penalties
The following are misdemeanors, punishable in accordance with state law:
a. Failure, without good cause, to pay a fine or request a hearing within 30
days after issuance of an administrative citation;
b. Failure, without good cause, to appear at a hearing that was scheduled
under section 2 -60(e) of this code;
Failure to pay a fine imposed by a hearing officer within 30 days after it
was imposed, or such other time as may be established by the hearing
officer.
2. If the final adjudication in the administrative penalty procedure is a finding of no
violation, then the city may not prosecute a criminal violation in district court based
on the same set of facts. This does not preclude the city from pursuing a criminal
conviction for a violation of the same provisions based on a different set of facts. A
different date of violation will constitute a different set of facts.
Section 2 . Effective Date This Ordinance shall be effective upon its passage and
publication.
Dated the 27th day of April, 2009.
Lt
Kathi Hemken, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope - Golden Valley Sun -Post the 7 th day of May , 2009.)
GACommDev \Curtis \ord 09 -03 Udoc
—7—
SUMMARY OF ORDINANCE NO. 09-03
AN ORDINANCE AMENDING CHAPTER 2 OF THE NEW HOPE CITY CODE
ESTABLISHING AN ADMINISTRATIVE FINES ENFORCEMENT PROGRAM
The following summary of Ordinance No. 09 -03 is hereby approved this 27th day of
April, 2009, 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. 09 -03.
1. The title of Ordinance No. 09 -03 is " An Ordinance Amending Chapter 2 of the New Hope
City Code Establishing An Administrative Fines Enforcement Program ".
2. Section 1 of the ordinance amends New Hope Code Chapter 2 by adding a new Section
2 -60 " Administrative Fines Enforcement Program and nine subsections of Section 2 -60
described as follows:
a. subsection (a) " Administrative citations and civil penalties indicates
administrative citations and fines will be governed by subsections (d) through (i)
of section 2 -60.
b. subsection (b) " Purpose " describes the reasons for the new code enforcement
program. The City Council finds there is a need to decriminalize certain New
Hope Code violations to more promptly and efficiently deal with local issues that
cannot be effectively addressed in Hennepin County Criminal Court.
c. Subsection (c) " General provisions indicates any violation of city code is an
offense subject to administrative citation and fine. Certain violations like the
illegal sale of alcohol or tobacco are exempt from section 2 -60 and covered by
other enforcement sections of the New Hope Code The civil penalty for any
administrative citation will not exceed the maximum fine for a misdemeanor
violation under State law which is $1,000.00 and the City Council will establish a
fine schedule by resolution for various administrative violations initiated by
administrative citation under section 2 -60.
d. subsection (d) " Administrative citation procedure establishes how and when
citations will be issued by the City. The violator will first be issued a notice
advising of the nature of the violation and given a 7 day grace period to remedy
the violation or make appropriate arrangements with the City to resolve the
violation. If the violator fails to remedy the violation an administrative citation
will be issued for the violation. The citation will state the date, time and nature of
the offense, the name of the issuing officer, the fine amount and how the fine can
be paid or contested. The violator must pay the fine or request a hearing
contesting the fine within 7 days otherwise the violator will be subject to late
penalties and possible criminal prosecution.
e. subsection (e) " Administrative hearing establishes the manner in which hearings
shall be conducted on contested citations. The City shall retain a list of neutral
hearing officer unaffiliated with the City to conduct the hearings. When a citation
is properly contested the City Clerk will arrange a hearing date mutually
agreeable between the violator, the hearing officer and the city inspector
responsible for the citation and mail to each party a notice of hearing within 30
days of the violator's hearing request. This notice will contain the names of the
parties and hearing officer, the location of the alleged violation and the type of
violation. Once the hearing is scheduled it may only be continued for good cause
upon 5 days notice to the City Clerk. A continuance, if granted, may not be for
more than 10 days. The City Clerk will be responsible for transmitting the file to
the hearing officer including a summary report containing a copy of the citation
and administrative notice that preceded the citation, a copy of the case history,
photographs or videotapes of the violation if any and proof of mailing or posting
of the citation if not personally served on the violator. Presentation of the case
before the hearing officer will be informal and the strict rules of evidence will not
apply. However, the hearing will be tape recorded and the hearing officer will
give appropriate weight to all probative evidence received at the hearing. The
hearing officer shall issue a written decision containing findings of fact and
conclusions of law within 10 days after the hearing. The hearing officer may not
impose a fine greater than the amount established by the Council's fine resolution.
The hearing officer's decision shall be final and non - appealable unless a judicial
appeal is specifically permitted by state law or an administrative appeal is
accepted by the City Council on a matter relating to a permit or license which
initially came before the City Council for approval.
f. subsections (f) and (g) " Judicial review and " Administrative review relate to the
ability to appeal the hearing officer's decision as discussed above. If an
administrative review is accepted by the City Council on a license or permit
violation, the parties to the appeal will be able to present oral or written
arguments to the City Council regarding the decision of the hearing officer. The
appeal will be on the record without any new evidence to be considered by the
City Council. The City Council will not be bound by the decision of the hearing
officer and may revoke the license or permit in addition to imposing a fine.
g. Subsection (h) " Recovery of civil penalties indicates all fines shall become the
personal obligation of the violator and if the violation relates to real property, it
will be a lien on the property collectable with real estate taxes against the real
property if the fine is not paid in a timely manner. This section also provides for
late fees and increased fines for repeat violations of a same or similar nature by
the same violator within a 12 month period.
h. Subsection (i) " Criminal penalties makes the failure to pay an administrative fine
within 30 days from the issuance of an administrative citation a criminal
misdemeanor offense punishable in accordance with state law. Failure to appear at
a hearing without good cause or pay a fine imposed by a hearing officer within 30
days after its imposition is a misdemeanor offense as well.
3. Section 2 of the Ordinance makes the Ordinance effective upon publication of this
summary.
Dated this 27th day of April, 2009.
r
Kathi Hemken, Mayor
Attest: '
Valerie Leone, City Clerk
P:\Attomey \SAS \l Client Files \2 City of New Hope \99- 10062(admin. fines) \Summary of Ord 09- 03d3.doc
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
Richard Hendrickson being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as
GV, NH, Crystal, Robbinsdale Sun -Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s); it was first published on Thurs-
day, the 7 day of May
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
, 2009; and printed
below is a copy of the lower case alpha -
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefghijklmnopgrstuvwxyz
_� 111 •
• ,
Subscribed and sworn to or affirmed
before me on this 7 day of
May 2009.
City of New Hope
(Official Publication)
SUMMARY OF ORDINANCE NO. 09 -03
AN ORDINANCE AMENDING CHAPTER 2 OFTHE
NEW HOPE CITY CODE ESTABLISHING AN
ADMINISTRATIVE FINES ENFORCEMENT PROGRAM
The following summary of Ordinance No. 09 -03 is
hereby approved this 27th day of April, 2009, by the New
Hope City Council for official publication. The Council
hereby determines this summary ordinance clearly in-
forms the public of the intent and effect of Ordinance No.
09 -03,
1. The title of Ordinance No. 09 -03 is " Ordinance
Amending Chapter 2 of the New Hope City Code Es-
tablishing An Administrative Fines Enforcement Pro -
rgam
2. Section 1 of the ordinance amends New Hope Code
Chapter 2 by adding a new Section 2 -60 " Administra-
tive Fines Enforcement Program and nine subsec-
tions of Section 2 -60 described as follows:
a. subsection (a) ' Administrative citations and civil
penalties indicates administrative citations and
fines will be governed by subsections (d) through
(i) of section 2 -60.
b. subsection (b) " Purpose " describes the reasons
for the new code enforcement program. The City
Council finds there is a need to decriminalize cer-
tain New Hope Code violations to more promptly
and efficiently deal with local issues that cannot
be effectively addressed in Hennepin County
Criminal Court.
c. Subsection. (c) " General provisio indicates any
violation of city code is an offense subject to ad-
ministrative citation and fine. Certain violations
like the illegal sale of alcohol or tobacco are ex-
empt from section 2 -60 and covered by other en-
forcement sections of the New Hope Code The
civil penalty for any administrative citation will not
exceed the maximum fine for a misdemeanor vio-
lation under State law which is $1,000.00 and the
City Council will establish a fine schedule by res-
olution for various administrative violations initiat-
ed by administrative citation under section 2 -60.
d. subsection (d) " Administrative citation procedure
establishes how and when citations will be issued
by the City. The violator will first be issued a no-
tice advising of the nature of the violation and
given a 7 day grace period to remedy the violation
or make appropriate arrangements with the City
to resolve the violation. If the violator fails to rem-
edy the violation an administrative citation will be
issued for the violation. The citation will state the
date, time and nature of the offense, the name of
the issuing officer, the fine amount and how the
fine can be paid or contested. The violator must
pay the fine or request a hearing contesting the
fine within 7 days otherwise the violator will be
subject to late penalties and possible criminal
prosecution.
e. subsection (e) " Administrative hearing establish-
es the manner in which hearings shall be con-
ducted on contested citations. The City shall re-
tain a list of neutral hearing officer unaffiliated with
the City to conduct the hearings. When a citation
is properly contested the City Clerk will arrange a
hearing date mutually agreeable between the vi-
olator, the hearing officer and the city inspector re-
sponsible for the citation and mail to each party a
notice of hearing within 30 days of the violator's
hearing request. This notice will contain the
names of the parties and hearing officer, the lo-
cation of the alleged violation and the type of vio-
lation. Once the hearing is scheduled it may only
be continued for good cause upon 5 days notice
to the City Clerk. A continuance, if granted, may
not be for more than 10 days. The City Clerk will
be responsible for transmitting the file to the hear-
ing officer including a summary report containing
a copy of the citation and administrative notice
that preceded the citation, a copy of the case his-
tory, photographs or videotapes of the violation if
any and proof of mailing or posting of the citation
if not personally served on the violator. Presenta-
tion of the case before the hearing officer will be
informal and the strict rules of evidence will not
apply. However, the hearing will be tape recorded
and the hearing officer will give appropriate
weight to all probative evidence received at the
hearing. The hearing officer shall issue a written
decision containing findings of fact and conclu-
sions of law within 10 days after the hearing. The
hearing officer may not impose a fine greater than
the amount established by the Council's fine res-
olution.The hearing officer's decision shall be final
and non - appealable unless a judicial appeal is
specifically permitted by state law or an adminis-
trative appeal is accepted by the City Council on
a matter relating to a permit or license which ini-
tially came before the City Council for approval.
I. subsections (f) and (g) " Judicial review and "Ad-
ministrative review relate to the ability to appeal
the hearing officer's decision as discussed above.
If an administrative review is accepted by the City
Council on a license or permit violation, the par-
ties to the appeal will be able to present oral or
written arguments to the City Council regarding
the decision of the hearing officer. The appeal will
be on the record without any new evidence to be
considered by the City Council. The City Council
will not be bound by the decision of the hearing of-
ficer and may revoke the license or permit in ad-
dition to imposing a fine.
g. Subsection (h) " Recovery of civil penalties indi-
cates all fines shall become the personal obliga-
tion of the violator and if the violation relates to
real property, it will be a lien on the property col-
lectable with real estate taxes against the real
property if the fine is not paid in a timely manner.
This section also provides for late fees and in-
creased fines for repeat violations of a same or
similar nature by the same violator within a 12
month period.
h. Subsection (i) "C riminal penalties makes the fail-
ure to pay an administrative fine within 30 days
from the issuance of an administrative citation a
criminal misdemeanor offense punishable in ac-
cordance with state law. Failure to appear at a
hearing without good cause or pay a fine imposed
by a hearing officer within 30 days after its impo-
sition is a misdemeanor offense as well.
Section 2 of the Ordinance makes the Ordinance ef-
fective upon publication of this summary.
Dated this 27th day of April, 2009
Kathi Hemken, Mayor
Attest:
Valerie Leone, City Clerk
(May 7, 2009) p2 -Ord 09 -03d3
ORDINANCE NO. 09 -04
AN ORDINANCE AMENDING SECTION 9 -90
OF THE NEW HOPE CITY CODE
REGULATING ABATEMENT OF GRAFFITI
The City Council of the City of New Hope ordains:
Section 1 . Section 9 -90(e) "Removal of graffiti" of the New Hope City Code is hereby
amended by amending subsection 9- 90(e)(2) "By property owner or city" to read as follows:
(2) By property owner or city. The city may also order that the graffiti be removed by the
property owner or any person who may be in possession or who has the right to
possess such property, pursuant to the nuisance abatement procedure herein. Graffiti
removal and corrections must be performed by the property owner within 5 days of its
occurrence with materials and colors compatible with existing surfaces as determined
by the city. If the property owner or responsible party fails to remove offending
graffiti within the +° sp° ° ° by the °i+= °5 days of its occurrence the city may
commence abatement and cost recovery proceedings for the graffiti removal in
accordance with section 9 -90 of this Code.
Section 2 . Section 9- 90(f)(1) "Abatement by city" of the New Hope City Code is hereby
amended to read as follows:
(1) Abatement by city. If the owner, occupant or other responsible party does not eemply
remove with -the graffiti abateme e nt netiee within five days of its occurrence the time
speeIied, the city may abate the public nuisance.
Section 3 . Section 9- 90(f)(3) "Hearing, action" of the New Hope City Code is hereby
amended to read as follows:
(3) Hearing, action. If a hearing is requested during the five -day period, the city
manager or authorized designee must promptly schedule the hearing, and no further
action on the abatement of the public nuisance or graffiti may be taken until the
manager's decision is rendered. At the conclusion of the scheduled hearing, the
manager or authorized designee may cancel the notice to remove or correct the public
nuisance. If the notice is modified or affirmed, the public nuisance or graffiti must be
abated within 48 hours in accordance with the manager's written order.
Section 4 . Section 9 -90(4) "Summary abatement" of the New Hope City Code is hereby
amended to read as follows:
(4) Summary abatement. The city manager may provide for abating a public nuisance or
graffiti without following the procedure required in subsections 2 and (3) above if
any of the following conditions exist:
a. There is an immediate threat to the public health or safety;
b. There is an immediate threat of serious property damage;
c. A public nuisance has been caused by private parties on public property; or
d. Any other condition exists that violates state or local law and that is a public
health or safety hazard.
A reasonable attempt must be made to notify the owner, occupant, or other
responsible party of the intended action and the right to appeal the abatement and cost
recovery at the next regularly scheduled city council meeting.
Section 6 . Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 27th day of April , 2009.
Kathi Hemken, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope- Golden Valley Sun -Post the 7th day of May _'2009.)
—2—
City of New Hope
STATE OF MINNESOTA )
) Ss.
COUNTY OF HENNEPIN )
Richard Hendrickson being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as
GV, NH, Crystal Robbinsdale Sun -Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s); it was first published on Thurs-
day, the 7 day of May
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
, 2009; and printed
below is a copy of the lower case alpha -
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefghijklmnopgrstuvwxyz
e
BY G
CFO
Subscribed and sworn to or affirmed
before me on this 7 day of
May , 2009.
(Official Publication)
ORDINANCE NO. 09 -04
AN ORDINANCE AMENDING SECTION 9 -90
OFTHE NEW HOPE CITY CODE
REGULATING ABATEMENT OF GRAFFITI
The City Council of the City of New Hope ordains:
Section 1 . Section 9 -90(e) "Removal otgraflitl' of the New
Hope City Code is hereby amended by amending sub-
section 9- 90(e)(2) "By property owner or city' to read as
follows:
(2) By property owner or city. The city may also order
that the graffiti be removed by the property owner or
any person who may be in possession or who has the
right to possess such property, pursuant to the nui-
sance abatement procedure herein. Graffiti removal
and corrections must be performed by the property
owner within 5 days of its occurrence with materials
and colors compatible with existing surfaces as de-
termined by the city. If the property owner or respon-
sible party fails to remove offending graffiti within tqe
days of its occurrence the
city may commence abatement and cost recovery
proceedings for the graffiti removal in accordance with
section 9 -90(f) of this Code.
Section 2 . Section 9- 90(f)(1) "Abatement by city' of the
New Hope City Code is hereby amended to read as fol-
lows:
(1) Abatement by city. If the owner, occupant or other re-
sponsible party does not eewp4y remove with the graf-
fiti within L ive day of iisoccunence
fqe- tae -syee #ie�, the city may abate the public nui-
sance.
Section 3 . Section 9- 90(f)(3) "Hearing, action" of the New
Hope City Code is hereby amended to read as follows:
(3) Hearing, action. If a hearing is requested during the
five -day period, the city manager or authorized de-
signee must promptly schedule the hearing, and no
further action on the abatement of the public nuisance
or graffiti may be taken until the manager's decision is
rendered. At the conclusion of the scheduled hearing,
the manager or authorized designee may cancel the
notice to remove or correct the public nuisance. If the
notice is modified or affirmed, the public nuisance or
graffiti must be abated within 48 hours in accordance
with the manager's written order.
Section 4 , Section 9 -90(4) "Summary abatement' of the
New Hope City Code is hereby amended to read as fol-
lows:
(4) Summary abatement. The city manager may provide
for abating a public nuisance or graffiti without follow-
ing the procedure required in subsections 2 and (3)
above if any of the following conditions exist:
a. There is an immediate threat to the public health
or safety;
b. There is an immediate threat of serious property
damage;
c. A public nuisance has been caused by private
parties on public property; or
d. Any other condition exists that violates state or
local law and that is a public health or safety haz-
ard.
A reasonable attempt must be made to notify the
owner, occupant, or other responsible party of the
intended action and the right to appeal the abate-
ment and cost recovery at the next regularly
scheduled city council meeting.
Section 6 . Effective Date, This Ordinance shall be effec-
tive upon its passage and publication.
Dated the _ day of __ , 2009.
Attest:
Kathi Hemken, Mayor
Valerie Leone, City Clerk
(Published in the New Hope- Golden Valley Sun -Post the
day of 2009.)
(May 7, 2009) p2 -ord 09 -04d2
ORDINANCE NO. 09 -05
AN ORDINANCE AMENDING CHAPTER 4 OF THE NEW HOPE CITY CODE BY
ADDING ADDITIONAL CONDITIONS RELATING TO THE ALLOWANCE OF ANIMAL
KENNELS AS A CONDITIONAL USE IN THE INDUSTRIAL ZONING DISTRICT
The City Council of the City of New Hope ordains:
Section 1. Section 4- 20(e)(16) of the New Hope City Code shall be amended to add the
following:
Sec. 4- 20(e)(16) Conditional Uses, I
1. Caretaker apartment. If an "on premises" caretaker dwelling unit is provided on site,
construction of said dwelling unit shall conform to all design standard regulations for
multiple - family dwelling units of the Minnesota State Building Code and the New Hope
Zoning and Building Code. Two off - street parking spaces and one garage stall must be
provided for the caretaker dwelling unit. The minimum dwelling unit and room floor
sizes shall be controlled by subsection 4- 3(b)(2)b of this Code.
m. Guest room. If a guest room is provided within the kennel facility it must meet
efficiency unit size requirements as listed in subsection 4- 3(b)(2)b of this Code. One
additional parking stall must be provided for the guest room. Guest rooms shall only be
used by persons obtaining services or receiving training from the kennel facility. Guest
stays are limited to a maximum of 10 business days per training visit.
Section 2. This ordinance shall be effective upon its passage and publication.
Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 8t" day
of June, 2009.
f
.r
Valerie Leone, City Clerk
V ? .
Kathi Hemken, Mayor
City of New Hope
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Richard Hendrickson being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as V, NH, Crystal, Robbinsdale Sun -Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s); it was first published on Thurs-
day, the 18 day of June
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
2009; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefghijklmnopgrstuvwxyz
e�
BY: '- 4 '< CFO
Subscribed and sworn to or affirmed
before me on this 18 day of
June — 1 2009.
AL j Z�:�
Notary Public
MARY ANN CARLSON
NOTARY PUBLIC — MINNESOTA
MY COMMISSION EXPIRES 1.31 -14
(Official Publication)
ORDINANCE NO. 09 -05
AN ORDINANCE AMENDING CHAPTER 4 OFTHE
NEW HOPE CITY CODE BY ADDING ADDITIONAL
CONDITIONS RELATING TOTHE ALLOWANCE OF
ANIMAL KENNELS AS A CONDITIONAL USE IN THE
INDUSTRIAL ZONING DISTRICT
The City Council of the City of New Hope ordains:
Section 1 . Section 4- 20(e)(16) of the New Hope City
Code shall be amended to add the following:
Sec. 4- 20(e)(16) Conditional Uses, I
I Caretaker apartment. If an "on premises" caretaker
dwelling unit is provided on site, construction of said
dwelling unit shall conform to all design standard regula-
tions for multiple - family dwelling units of the Minnesota
State Building Code and the New Hope Zoning and Build-
ing Code. Two off- street parking spaces and one garage
stall must be provided for the caretaker dwelling unit. The
minimum dwelling unit and room floor sizes shall be con-
trolled by subsection 4- 3(b)(2)b of this Code.
m. Guest room. If a guest room is provided within the ken-
nel facility it must meet efficiency unit size requirements
as listed in subsection 4- 3(b)(2)b of this Code. One addi-
tional parking stall must be provided for the guest room.
Guest rooms shall only be used by persons obtaining ser-
vices or receiving training from the kennel facility. Guest
stays are limited to a maximum of 10 business days per
training visit.
Section 2. This ordinance shall be effective upon its
passage and publication.
Adopted by the City Council of the city of New Hope, Hen-
nepin County, Minnesota this 8th day of June, 2009.
Kathi Hemken, Mayor
Attest:
Valerie Leone, City Clerk
( June 18, 2009) p2 -Ord 09 -05 Al Brixius
ORDINANCE NO. 09 -06
AN ORDINANCE AMENDING NEW HOPE
CODE SECTIONS 8 -14 AND 9 -11
BY ELIMINATING REFERENCE
TO CITY SANITARIAN
The City Council of the City of New Hope ordains:
Section 1 . Section 8 -14 "Garbage and refuse collectors" of the New Hope City Code is
hereby amended by amending subsection (c)(3) "Frequency of service" to read as follows:
(3) Frequency of service The collector shall provide residential garbage and refuse
collection service once each week Monday through Friday. The collector shall not
be required to make regular collections on legal holidays and on days of extreme
inclement weather provided, however, that the routes are collected reasonably in
advance thereof or thereafter in the opinion of the city 1 Mq� ,' r or
and the week's schedule shall be completed regardless of the holiday or
weather. Collection from other than single- family residences shall be as often as
required for sanitation and nuisance protection as provided in this Code.
Section 2 . Section 8 -14 "Garbage and refuse collectors" of the New Hope City Code is
hereby amended by amending subsection (d)(2) "Packer -type refuse body for transporting garbage"
to read as follows:
(2) "Packer- type" refuse body for transporting ark bage No collector shall transport
garbage upon the public streets and highways or other public property of the city
except in a leak- proof, compaction type body commonly referred to as a "packer -
type" refuse body, as approved by the city r or de it � CIC nll
Section 3 . Section 9 -11 "Waste and recyclable materials collection and disposal" of the
New Hope City Code is hereby amended by amending subsection (a)(2)(c) "Inspection "to read as
follows:
C. Inspection All waste containers shall be subject to inspection and approval by the
city ('P' (l lOoc� ,,. Filthy, leaking or defective containers shall be
cleaned, repaired or replaced by and at the expense of the owner, lessee or person in
charge of the premises in question at the direction of the city 01,
Section 4 . Section 9 -11 "Waste and recyclable materials collection and disposal" of the
New Hope City Code is hereby amended by amending subsection 0)(1) "Notice to remove "to read
as follows:
—1—
(1) Notice to remove The city 0 is hereby authorized and
empowered to notify the owner of any private property within the city or the agent
of such owner to properly dispose of litter and unhealthy or offensive substances
located on. such owner's property which is either a nuisance or dangerous to public
health, safety or welfare. Such notice shall be as provided in chapter 1.
Section 5 . Section 9 -11 "Waste and recyclable materials collection and disposal" of the
New Hope City Code is hereby amended by amending subsection 0)(2) "Action upon
noncompliance" to read as follows:
(2) Action upon noncompliance Upon the failure, neglect or refusal of any owner or
agent so notified to properly dispose of litter or unhealthy or offensive substances
dangerous to the public health, safety or welfare within five days after receipt of
written notice provided for in subsection a above, or within eight days after the date
of such notice in the event the same is returned to the post office department because
of its inability to make delivery thereof, provided the same was properly addressed to
the last known address of said owner, or agent, the city or
is hereby authorized and empowered to pay for the disposing of such
litter or unhealthy or offensive substances or to order its disposal by the city.
Section 6 . Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 8 t1i day of June, 2009.
Kathi 'Hemken, Mayor
t
Attest: ' �
Valerie Leone, City Clerk
(Published in the New Hope - Golden Valley Sun -Post the 18th day of June , 2009.)
City of New Hope
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
Richard Hendrickson being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as GV, NH, Crystal, Robbinsdale Sun -Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s); it was first published on Thurs-
day, the 18 day of June
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
, 2009; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefghijklmnopgrstuvwxyz
I
BY: �.
CFO
Subscribed and sworn to or affirmed
before me on this 18 day of
June 2009.
(Official Publication)
ORDINANCE NO. 09 -06
AN ORDINANCE AMENDING NEW HOPE
CODE SECTIONS 8 -14 AND 9 -11
BY ELIMINATING REFERENCE
TO CITY SANITARIAN
The City Council of the City of New Hope ordains:
Section 1 . Section 8 -14 "Garbage and refuse col-
lectors" of the New Hope City Code is hereby amended
by amending subsection (c)(3) "Frequency of service"
to read as follows:
(3) Frequency of service The collector shall provide
residential garbage and refuse collection service
once each week Monday through Friday. The collec-
tor shall not be required to make regular collections
on legal holidays and on days of extreme inclement
weather provided, however, that the routes are col-
lected reasonably in advance thereof or thereafter in
the opinion of the city manager or de-
signee and the week's schedule shall be completed
regardless of the holiday or weather. Collection
from other than single- family residences shall be as
often as required for sanitation and nuisance pro-
tection as provided in this Code.
Section 2 . Section 8 -14 "Garbage and refuse col-
lectors" of the New Hope Cit Code is hereby amended
by amending subsection (d)(2) "Packer -type refuse
body for transporting garbage "to read as follows:
(2) "Packer- type" refuse body for transporting garbage
No collector shall transoort
garbage upon the public streets and highways or
other public property of the city except in a leak-
proof, compaction type body commonly referred to
as a "packer- type' refuse body, as approved by
the city sapit ger or desigananee
Section 3 . Section 9 -11 "Waste and recyclable ma-
terials collection and disposal' of the New Hope City
Code is hereby amended by amending subsection
(a)(2)(c) "Inspection" to read as follows:
c. Inspection All waste containers shall be subject to
inspection and approval by the city sss+t aman-
aaer or designee Filthy, leaking or defective con-
tainers shall be cleaned, repaired or replaced by and
at the expense of the owner, lessee or person in
charge of the premises in question at the direction
of the city saaif�ariafl or designee
Section 4 . Section 9 -11 "Waste and recyclable ma-
terials collection and disposaf' of the New Hope City
Code is hereby amended by amending subsection (I)(1)
"Notice to remove "to read as follows:
(1) Notice to remove city AAR t808R manager or de-
signee is hereby authorized and empowered to no-
tify the owner of any private property within the city
or the agent of such owner to properly dispose of
litter and unhealthy or offensive substances locat-
ed on such owner's property which is either a nui-
sance or dangerous to public health, safety or wel-
fare. Such notice shall be as provided in chapter 1.
Section 5 . Section 9 -11 "Waste and recyclable ma-
terials collection and disposaf' of the New Hope City
Code is hereby amended by amending subsection (j)(2)
"Action upon noncompliance" to read as follows:
(2) Action upon noncompliance Upon the failure, ne-
glect or refusal of any owner or agent so notified to
properly dispose of litter or unhealthy or offensive
substances dangerous to the public health, safe-
ty or welfare within five days after receipt of written
notice provided for in subsection a above, or within
eight days after the date cf such notice in the event
the same is returned to the post office department
because of its inability to make delivery thereof,
provided the same was properly addressed to the
last known address of said owner, or agent, the city
manager or designee is hereby autho-
rized and empowered to pay for the disposing of
such litter or unhealthy or offensive substances or
to order its disposal by the city.
Section 6 . Effective Date. This Ordinance shall be
effective upon its passage and publication.
Notary Public Dated the 8th day of June, 2009.
Kathi Hemken, Mayor
Attest:
MARY ANN CARLSON Valerie Leone, City Clerk
NOTARY PUSUC— MINNESOTA (Published in the New Hope- Golden Valley Sun -Post the
MY COMMISSION EXPIRES 131 -14 - - -- day of 2009.)
'i ' ( June 18, 2009) p2 -Ord 09 -06
ORDINANCE NO. 09-07
AN ORDINANCE AMENDING
NEW HOPE CODE SECTION 9-42
REGULATING EXCESSIVE NOISE
The City Council of the City of New Hope ordains:
Section 1. Section 9-42(a) " General prohibition of excessive noise " of the New Hope City
Code is hereby amended by amending subsection (a)(6) "Radios, phonographs, paging systems, etc.
to read as follows:
(6) Radios,
paging systems ai id 0tj lersot) sr devi etc.
11_1� v
No person shall pj, use or operate or permit the use or operation of any radio,,
q�% tj i sc p lavcr, musical instrument, phonograph, paging system,
.. . . ...... 11_1_ ----------
machine or other device for the production or reproduction of sound in a
distinctly and loudly audible manner as to disturb the peace, quiet, and comfort of
any ,nearlw person
i, T 1-,, o ""N1, ll So s ai 0operation of any sueh-st,"i nid . o
)eordjsc_pj. vr, instrument,
phonograph, machine, or other im! device
,1- ()440 - p a otl - 7-k'A i in such a manner as to be plainly audible at th
property line oratJO 11:uf VC111CIC,-0filie structure or building in which it
is located, or in a i niniti-residend,11 I'Mildil,loilke, hallway:, or a. a( ni apartment
idface.nt shall be prima facie evidence of a violation of this subsection, )k'hen a
Violation offlnis sk:ction o irs, tile o% ncr o i" dic V("Ilhlcle, buildint , ter lan(� where
tile dcvice is locited i1svui1tV0fth(" violadon,., ho\�cyer, ,_ at
the lintc ol c lh viol �.It ' -wfltv of tji�:� ,'ohlli(M.
the . ...... .. --lu IS � — — - 1-1-111 1111-1.11
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conn'c(:tion 1v* a Iivitits l'o-
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--------------
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....... ... . . ...... . ... ........ ... ................ . . .... ......... .
_ or € I C % Ic es 661 th t r r ,jc t j (�) I I t�, f ,, o i ind o n or ir i i u thon zek i
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of'S300.0().
-1-
Section 2 . Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 27th day of July , 2009.
Kathi Hemken, Mayor
.mot
Attest:
Valerie Leone, City Clerk
(Published in the New Hope- Golden Valley Sun -Post the 6th day of August , 2009.)
P, AF I'ORNE1' SAS .I CLIENT FILES CITY OF NEB". HOPE.99 -80907 (2009 NOISE AhI END; ORDINANCE 09- 0%DLDOC
—2—
STATE OF MINNESOTA }
) SS.
COUNTY OF HENNEPIN )
Richard Hendrickson being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as V, NH, Crystal, Robbinsdale Sun -Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s); it was first published on Thurs-
day, the 6 day of August
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
2009; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefghijkl mnopgrstuvwxyz
I
BY
CFO
Subscribed and sworn to or affirmed
before me on this 6 day of
August 2009.
�
Notary Public
MARY ANN CARLSON
NOTARY PUBLIC — MINNESOTA
MY COMMISSION EXPIRES 1 -31 -14
City of New Hope
(Official Publication)
ORDINANCE NO. 09 -07
AN ORDINANCE AMENDING
NEW HOPE CODE SECTION 9 -42
REGULATING EXCESSIVE NOISE
The City Council of the City of New Hope ordains:
Section 1 , Section 9 -42(a) "General prohibition of ex-
cessive noise" of the New Hope City Code is hereby
amended by amending subsection (a)(6) "Radios, phono-
graphs, paging systems, etc. "to read as follows:
(6) Radios, e@ap4e amplifiers , paging systems and
other sound producing devices etc.
i. No person shall play, use or operate or permit the
use or operation of any radio, *ese+v akj-set or
disc player musical instrument, phonograph,
paging system, machine or other device for the
production or reproduction of sound in a distinct-
ly and loudly audible manner as to disturb the
peace, quiet, and comfort of any nearby person
aea*I•iy ordinary sensibility
_ The play use or 9operation of any sasH setradiI
tape or disc player, instrument, phonograph, ma-
chine, or other sound producing device be>:vfeap
in such a
manner as to be plainly audible at t4e a property
line or at 50 feet from a vehicle of the structure or
building in which it is located, or in a multi -resi-
dential building hallway4or adjacent apartment
adjaseR shall be prima facie evidence of a viola-
iv._
Section 2 . Effective Date. This Ordinance shall be ef-
fective upon its passage and publication.
Dated the ___ day of , 2009.
Kathi Hemken, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope - Golden Valley Sun -Post the
day of
(Aug. 6, 2009) p2 -Ord 09 -07d1
ORDINANCE NO. 2009 -09
AN ORDINANCE AMENDING CHAPTER 10
OF THE NEW HOPE CITY CODE BY DECREASING
THE NUMBER OF "OFF SALE" LIQUOR LICENSES
The City Council of the City of New Hope ordains:
Section 1 . Section 10 -40 "Intoxicating Liquors" of the New Hope City Code is hereby
amended by amending section 10 -40 (a)(2) "Number of off sale licenses" to read as follows:
(2) Number of off sale licenses. The maximum number of off sale licenses which shall
be issued by the city is � dh� ..,c
Section 2 . Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 27 day of July , 2009.
Kathi Ifemken, Mayor
Attest: / f '� , '�--�'` T.,
Valerie Leone, City Clerk
(Published in the New Hope - Golden Valley Sun -Post the 6th day of August , 2009.)
P. \A[tomey,SAS \I Client Files;? City of New liope?99 -80901 (increase off sale) \99- 80909(decrease off sale) \Ord. 09 -09 decreasing off sale licenses.doc
—1—
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
Richard Hendrickson being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as GV, NH, Crystal, Robbinsdale Sun -Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s); it was first published on Thurs-
day, the 6 day of August
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
, 2009; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefg hijklmnopgrstuvwxyz
r
BY: �.
CFO
Subscribed and sworn to or affirmed
before me on this 6 day of
August , 2009.
r C_��
k_' P / Notary Public
MARY ANN CARLSON
NOTARY PUBLIC — MINNESOTA
MY COMMISSION EXPIRES 1.31 -14
�i
City of New Hope
(Official Publication)
ORDINANCE NO, 2009 -09
AN ORDINANCE AMENDING CHAPTER 10
OFTHE NEW HOPE CITY CODE BY DECREASING
THE NUMBER OF "OFF SALE" LIQUOR LICENSES
The City Council of the City of New Hope ordains:
Section 1 . Section 10 -40 "Intoxicating Liquors" of
the New Hope City Code is hereby amended by amend-
ing section 10 -40 (a)(2) "Number of off sale licenses" to
read as follows:
(2) Number of off sale licenses. The maximum number of
off sale licenses which shall be issued by the city is
e+9f#L@�m.
Section 2 . Effective Date. This Ordinance shall be ef-
fective upon its passage and publication.
Dated the __ day of _ _, 2009.
Kathi Hemken, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope- Golden Valley Sun -Post the
day of __ 2009.)
(Aug. 6, 2009) p2 -Ord 09 -09
ORDINANCE NO. 09 -10
AN ORDINANCE AMENDING CHAPTER 5
OF THE NEW HOPE CITY CODE BY ADDING SECTION
5 -9 REGULATING ILLICIT NON -STORM WATER
DISCHARGE INTO CITY SEWER SYSTEM
The City Council of the City of New Hope ordains:
Section l . Section 5 -9 "Illicit discharge or connection to storm water system." of the New
Hope City Code is hereby added to Chapter 5 to read as follows:
Sec. 5 -9. Illicit discharge or connection to storm water system.
(a) Purpose. The purpose of this subdivision is to promote, preserve and enhance the natural
resources within the City and protect them from adverse effects occasioned by non -storm water
discharges into the storm water system of the City by regulating discharges that would have an
adverse and potentially irreversible impact on water quality and environmentally sensitive land.
(b) Findings. The City Council hereby finds that non -storm water discharges to the City's
municipal separated storm sewer system are subject to higher levels of pollutants that enter into
receiving water bodies adversely affecting the public health, safety and general welfare by impacting
water quality, creating nuisances, and impairing other beneficial uses of environmental resources.
(c) Definitions. The following words and terms are specific to this section and shall apply
only as they relate to section 5 -9 of this code.
(1) Best management practice (BMP) means erosion and sediment control and
water quality management practices that are the most effective and practicable
means of controlling, preventing, and minimizing the degradation of surface
water, including construction - phasing, minimizing the length of time soil areas
are exposed, prohibitions, and other management practices published by state or
designated area -wide planning agencies.
(2) Discharge means adding, introducing, releasing, leaking, spilling, casting,
throwing, or emitting any pollutant, or placing any pollutant in a location where
it is likely to pollute waters of the state.
(3) Erosion means the group of natural processes, including weathering,
dissolution, abrasion, corrosion, and transportation, by which material is worn
away from the earth's surface or the erosive process of washing away soil by
water.
—1—
(4) Groundwater means water contained below the surface of the earth in the
saturated zone including, without limitation, all waters whether under confined,
unconfined, or perched conditions, in near surface unconsolidated sediment or
regolith, or in rock formations deeper underground.
(5) Illicit connection means either of the following:
a. Any drain or conveyance, whether on the surface or subsurface, which allows
an illegal discharge to enter the storm drain system (including any non -storm
water discharge) including sewage, process wastewater, and wash water and any
connections to the storm drain system from indoor drains and sinks, regardless of
whether said drain or connection had been previously allowed, permitted, or
approved by an authorized enforcement agency; or,
b. Any drain or conveyance connected from a residential, commercial or industrial
land use to the stone drain system which has not been documented in plans, maps,
or equivalent records and approved by an authorized enforcement agency.
(6) Illicit discharge means any direct or indirect non -storm water discharge to the
storm sewer system, except as exempted in this chapter.
(7) MPCA means the Minnesota Pollution Control Agency.
(8) Municipal separate storm sewer system (MS4) means the system of conveyances
(including sidewalks, roads with drainage systems, municipal streets, catch
basins, curbs, gutters, ditches, man -made channels, or storm drains) owned and
operated by the City and designed or used for collecting or conveying storm
water, and which is not used for collecting or conveying sewage.
(9) National Pollutant Discharge Elimination System (NPDES) means the national
program for issuing, modifying, revoking, and reissuing, terminating,
monitoring, and enforcing permits, and imposing and enforcing pretreatment
requirements under sections 307, 318, 402, and 405 of the Clean Water Act,
United States Code, title 33, sections 1317, 1328, 1342, and 1345.
(10) Person means any individual, firm, corporation, partnership, franchise,
association or governmental entity.
(I1) Pollutant means any substance which, when discharged has potential to or does
any of the following:
a. Interferes with state designated water uses;
b. Obstructs or causes damage to waters of the state;
—2—
c. Changes water color, odor, or usability as a drinking water source through
causes not attributable to natural stream processes affecting surface water or
subsurface processes affecting groundwater;
d. Adds an unnatural surface film on the water;
e. Adversely changes other chemical, biological, thermal, or physical condition, in
any surface water or stream channel;
f. Degrades the quality of ground water; or
g. Harms human life, aquatic life, or terrestrial plant and wildlife. Pollutant
includes but is not limited to dredged soil, solid waste, incinerator residue,
garbage, wastewater sludge, chemical waste, biological materials, radioactive
materials, rock, sand, dust, industrial waste, sediment, nutrients, toxic substance,
pesticide, herbicide, trace metal, automotive fluid, petroleum -based substance,
and oxygen- demanding material.
(12) Pollute means to discharge pollutants into waters of the state.
(13) Pollution means the direct or indirect distribution of pollutants into waters of
the state.
(14) State designated water uses means uses specified in state water quality
standards.
(15) Stornz sewed system means a conveyance or system of conveyances that is
owned and operated by the City or other entity and designed or used for
collecting or conveying storm water.
(16) Storna water means precipitation runoff, storm water runoff, snow melt off, and
any other surface runoff and drainage.
(17) Surface Waters means all waters of the state other than ground waters, which
include ponds, lakes, rivers, streams, tidal and nontidal wetlands, public ditches,
tax ditches, and public drainage systems except those designed and used to
collect, convey, or dispose of sanitary sewage.
(18) Waters of the State has the meaning given it in Minnesota Statutes Section 115.01,
subdivision 22.
(d) Illegal Disposal and Dumping.
—3—
(1) No person shall throw, deposit, place, leave, maintain, or keep any substance
upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit or drainage structure,
business place, or upon any public or private land, so that the same might be or become a
pollutant, unless the substance is in containers, recycling bags, or any other lawfully
established waste disposal device.
(2) No person shall intentionally dispose of grass, leaves, dirt, or landscape material
into a water resource, buffer, street, road, alley, catch basin, culvert, curb, gutter, inlet, ditch,
natural watercourse, flood control channel, canal, storm drain or any fabricated natural
conveyance.
(e) Illicit Discharges and Connections.
(1) No person shall cause any illicit discharge to enter the storm sewer system or any
surface water unless such discharge:
a. Consists of non -storm water that is authorized by an NPDES point source permit
obtained from the MPCA;
b. Is associated with fire fighting activities or other activities necessary to protect
public health and safety;
c. Is one of the following exempt discharges: water line flushing or other potable
water sources, landscape irrigation or lawn watering, diverted stream flows, rising
ground water, ground water infiltration to storm drains, uncontaminated pumped
ground water, foundation or footing drains (not including active groundwater
dewatering systems), crawl space pumps, air conditioning condensation, springs,
non- commercial washing of vehicles, natural riparian habitat or wetland flows,
dechlorinated swimming pools and any other water source not containing pollutant;
d. Consists of dye testing as long as the City provided a verbal notification prior to
the time of the test.
(2) No person shall use any illicit connection to intentionally convey non -storm water
to the City's storm sewer system.
(3) The construction, use, maintenance or continued existence of illicit connections
to the storm sewer system is prohibited. This prohibition expressly includes, without
limitation, illicit connections made in the past regardless of whether the connection was
permissible under law or practices applicable or prevailing at the time of connection.
(4) A person is considered to be in violation of this ordinance if the person connects
a line conveying sewage to the storm sewer system, or allows such a connection to continue.
M
(f) General Provisions. All owners or occupants of property shall comply with the following
general requirements:
(1) No person shall leave, deposit, discharge, dump, or otherwise expose any
chemical or septic waste in an area where discharge to streets or storm sewer system may
occur. This section shall apply to both actual and potential discharges.
a. Recreational vehicle sewage shall be disposed to a proper sanitary waste facility.
Waste shall not be discharged in an area where drainage to streets or storm sewer
systems may occur.
b. For pools, water must be allowed to sit seven (7) days without the addition of
chlorine to allow for chlorine to evaporate before discharging in an area where
drainage to streets or storm sewer systems may occur.
(2) Runoff of water into the storm sewer system shall be minimized to the maximum
extent practicable. Runoff of water into the storm sewer system from the washing down of
paved areas is prohibited unless necessary for health or safety purposes.
(3) Mobile washing companies (carpet cleaning, mobile vehicle washing, etc) shall
dispose of wastewater to the sanitary sewer. Wastewater must not be discharged where
drainage to streets or storm sewer system may occur.
(4) Storage of materials, machinery and equipment must comply with the following
requirements:
a. Objects, such as motor vehicle parts containing grease, oil or other hazardous
substances, and unsealed receptacles containing hazardous materials shall not be
stored in areas susceptible to runoff.
b. Any machinery or equipment that is to be repaired or maintained in areas
susceptible to runoff shall be placed in a confined area to contain leaks, spills, or
discharges.
(5) Debris and residue shall be removed as follows:
a. All motor vehicle parking lots and private streets shall be swept at least once a
year in the spring to remove debris. Such debris shall be collected and properly
disposed.
b. Fuel and chemical residue or other types of potentially harmful material, such as
animal waste, garbage or batteries shall be removed as soon as possible and disposed
of properly. Household hazardous waste may be disposed of through the county
collection program or at any other appropriate disposal site and shall not be placed in
a trash container.
—5—
(g) Industrial Activity Discharges. Any person subject to an industrial activity NPDES storm
water discharge permit shall comply with all provisions of such permit. Proof of compliance with
said permit may be required in a form acceptable to the City prior to the allowing of discharges to the
storm sewer system. All facilities that have storm water discharges associated with industrial activity
that are the source of an illicit discharge, will be required to implement, at the property owner's
expense, additional structural and non - structural BMPs to prevent the further discharge of pollutants
to the storm sewer system. These BMPs shall be part of a storm water pollution prevention plan
(S WPPP) as necessary for compliance with requirements of the NPDES permit.
(h) Notification of Spills. Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency response for a facility or
operation has information of any known or suspected release of materials which are resulting or may
result in illegal discharges or pollutants discharging into the storm sewer system, or water of the
state, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of
such release. In the event of such a release of hazardous materials, said person shall immediately
notify emergency response agencies of the occurrence via emergency dispatch services. In the event
of a release of non - hazardous materials, said person shall notify the City no later than the next
business day.
(1) Suspension of Storm Sewer System Access.
(1) Suspension due to illicit discharges in emergency situation. The City may,
without prior notice, suspend MS4 discharge access to a person when such suspension is
necessary to stop an actual or threatened discharge that presents or may present imminent and
substantial danger to the environment, to the heath or welfare of persons, to the storm sewer
or waters of the state. If the violator fails to comply with a suspension order issued in an
emergency, the city may take such steps as deemed necessary to prevent or minimize damage
to the stony sewer system or the waters of the state, or to minimize danger to persons.
(2) Suspension due to the detection of illicit discharge. All persons discharging to the
MS4 in violation of this ordinance may have their access terminated if such termination
serves to abate or reduce an illicit discharge. It is a violation of this ordinance to reinstate
access to premises that have been terminated pursuant to this section without the prior
approval of the City.
0) Enforcement.
(1) Notice of Violation. A violation of section 5 -91 is a Public Nuisance. When the
City finds that a person has violated a prohibition or failed to meet a requirement of this
section, the person is deemed to have created a Public Nuisance subject to abatement and
assessment. In addition to any order issued, the City may require the following:
a. The performance of monitoring, analysis, and reporting;
b. The implementation of source control or treatment BMPs; and
—6—
c. Any other requirement deemed necessary.
(2) A violation of this section is also a misdemeanor offense and punishable as such.
Section 2 . Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 27 day of July, 2009.
Kathi � emken, Mayor
Attest: /i...(?
Valerie Leone, City Clerk
(Published in the New Hope - Golden Valley Sun -Post the 6th dayof August , 2009.)
1 ATTORNEY ">AS'.I CLIENT FILES CITY OF NEW HOPL:9 9- 80 9 10 1 ILLICIT DISCHARGE)? ORDINANCE 09 -10 DI.DOC
—7—
SUMMARY OF ORDINANCE NO. 09 -10
AN ORDINANCE AMENDING CHAPTER 5
OF THE NEW HOPE CITY CODE BY ADDING
SECTION 5 -9 REGULATING ILLICIT NON- STORNI WATER
DISCHARGE INTO CITY SEWER SYSTEM
The following is a summary of Ordinance No. 09 -10 which is hereby approved this 27`
day of July, 2009 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. 09 -10. A printed copy of the entire text of Ordinance 09 -10 is available for
inspection at the office of the New Hope City Clerk. The entire text of Ordinance 09 -10 is also
posted and available for inspection at the New Hope Ice Arena and on the City's web site.
1. The title of Ordinance No. 09 -10 is " An Ordinance Amending Chapter S of the New
Hope City Code By Adding Section 5 -9 Re ug lating�Illicit Non- Storni Water DischaLge
Into City Sewer System ".
2. Section One of the Ordinance adds and codifies these new regulations for illicit non -
storm water discharge and connection to the sewer system as section 5 -9 ct. al. of the
New Hope City Code. The new section 5 -9 consists of 10 subsections identified as
sections 5 -9(a) through 0). The title of and summary description for these subsections of
section 5 -9 are as follows:
(a) Purpose — This subsection sets forth the Council's reasons and concerns for adopting
these regulations. Basically, to protect and preserve the City's water quality and
environmentally sensitive land.
(b) Finding, - This subsection makes findings that non -storm water discharges to the
City's storm water system are subject to high levels of pollutants which affect the
health and welfare of the City and create a public nuisance.
(c) Definitions - This subsection sets out 18 definitions applicable to the regulations of
this section.
(d) Illegal Disposal and Dumping - This subsection prohibits the dumping of any
substance in the street, other public area or private land that could become a pollutant
in the storm water system. This includes the intentional disposal of grass, leaves or
other landscape material in streets, curbs or other areas that may eventually find its
way into the storm water system.
(e) Illicit discharges and connections - This subsection prohibits the discharge of non -
storm water into the system unless authorized by the MPCA permitting process or is
associated with firefighting activities or is exempt due to its status as a potable water
source. It also prohibits persons from maintaining any illicit connections for
prohibited non -storm water discharges even if said connections were at one time
approved or permissible.
( General provisions - This subsection applies to all owners and occupants of property
prohibiting the dumping or discharge of pollutants and septic waste in any manner
into the system from recreational vehicles, swimming pools, paved driveways
(residential, commercial and industrial), storage of materials, machinery and
equipment and all forms of debris and refuse. It also prohibits mobile washing
companies (carpet cleaners, mobile vehicle washing etc.) from dumping wastewater
into the storm sewer system.
(g) Industrial activity discharges - This subsection places additional restrictions on
persons with an MPCA discharge permit from industrial property to provide
additional structural and non - structural best management practices (BMP's) to
prevent illicit discharges. The BMP's must be a part of a storm water pollution
prevention plan (SWPPP).
(h) Notification of spills - This subsection requires immediate notification to the City of a
spill or - violation relating to an illicit discharge into the system by the responsible
person in charge of a facility where the spill occurs. It further requires that all
necessary clean up procedures are taken immediately.
(i) Suspension of storm sewer system access - This subsection authorizes the City,
without notice, to suspend discharge access to the storm sewer system in emergency
situations or when an illicit discharge is detected by the City.
(j) Enforcement - This subsection sets out the action the City may take against a person
violating section 5 -9. It declares a violation a public nuisance and establishes an
abatement procedure the cost for which is accessible against the violator. It also
makes a violation a misdemeanor offense.
3. Section Two makes the Ordinance effective upon publication of this summary.
Dated this 27"" day of July, 2009.
Kathi 14emken, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope - Golden Valley Sun -Post the 6th day of August , 2009.)
P 1Attomey\S,AS \1 Client Files \2 City of New Hope 99-80910 (illicit discharge) \summary of Ord 09 -10 doc. doe
2
City of New Hope
(Official Publication)
SUMMARY OF ORDINANCE NO. 09-10
STATE OF MINNESOTA )
) Ss.
COUNTY OF HENNEPIN )
Richard Hendrickson being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as
GV, NH, Crystal, Robbinsdale Sun -Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331&07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s); it was first published on Thurs-
day, the 6 day of August
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
2009; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefghijklmnopgrstuvwxyz
BY: J-..
CFO
Subscribed and sworn to or affirmed
before me on this 6 day of
August 2009.
Notary Public
MARY ANN CARLSON
NOTARY PUBLIC - MINNESOTA
MY COMMISSION EXPIRES 1 -31 -14
+I r
AN ORDINANCE AMENDING CHAPTER 5 OFTHE
NEW HOPE CITY CODE BY ADDING SECTION 5 -9
REGULATING ILLICIT NON -STORM WATER
DISCHARGE INTO CITY SEWER SYSTEM
The following is a summary of Ordinance No. 09 -10
which is hereby approved this 27th day of July, 2009 by
the New Hope City Council for official publication. The
Council hereby determines this summary ordinance clear-
ly informs the public of the intent and effect of Ordinance
No. 09 -10. A printed copy of the entire text of Ordinance
09 -10 is available for inspection at the office of the New
Hope City Clerk. The entire text of Ordinance 09 -10 is also
posted and available for inspection at the New Hope Ice
Arena and on the City's web site.
1. The title of Ordinance No. 09 -10 is " Ordinance
Amending Chapter 5 of the New Hope City Code By
Addina Section 5 -9 Regulating Illicit Non -Storm Water
Discharge Into City Sewer Svstem
2, Section One of the Ordinance adds and codifies these
new regulations for illicit non -storm water discharge
and connection to the sewer system as section 5 -9 et.
al, of the New Hope City Code. The new section 5 -9
consists of 10 subsections identified as sections 5-
9(a) through (j). The title of and summary description
for these subsections of section 5 -9 are as follows:
(a) Purpose —This subsection sets forth the Council's
reasons and concerns for adopting these regula-
tions. Basically, to protect and preserve the City's
water quality and environmentally sensitive land.
(b) Finding, - This subsection snakes findings tiiat
non - storm water discharges to the City's storm
water system are subject to high levels of pollu-
tants which affect the health and welfare of the
City and create a public nuisance.
(c) Definitions - This subsection sets out 18 defini-
tions applicable to the regulations of this section.
(d) Illegal Disposal and Dumping - This subsection
prohibits the dumping of any substance in the
street, other public area or private land that could
become a pollutant in the storm water system.
This includes the intentional disposal of grass,
leaves or other landscape material in streets,
curbs or other areas that may eventually find its
way into the storm water system.
(e) Illicit discharges andconnections - Thissubsection
prohibits the discharge of non -storm water into the
system unless authorized by the MPCA permitting
process or is associated with firefighting activities
or is exempt due to its status as a potable water
source. It also prohibits persons from maintaining
any illicit connections for prohibited non -storm
water discharges even if said connections were at
one time approved or permissible.
(f) General provisions -This subsection applies to all
owners and occupants of property prohibiting the
dumping or discharge of pollutants and septic
waste in any manner into the system from recre-
ational vehicles, swimming pools, paved drive-
ways (residential, commercial and industrial),
storage of materials, machinery and equipment
and all forms of debris and refuse. It also prohibits
mobile washing companies (carpet cleaners, mo-
bile vehicle washing etc.) from dumping waste-
water into the storm sewer system.
(g) Industrial activity discharges - This subsection
places additional restrictions on persons with an
MPCA discharge permit from industrial property
to provide additional structural and non - structural
best management practices (BMP's) to prevent il-
licit discharges. The BMP's must be a part of a
storm water pollution prevention plan (SWPPP).
(h) Notification ofspills -This subsection requires im-
mediate notification to the City of a spill or viola-
tion relating to an illicit discharge into the system
by the responsible person in charge of a facility
where the spill occurs. It further requires that all
necessary clean up procedures are taken imme-
diately.
(1) Suspension of storm sewer system access - This
subsection authorizes the City, without notice, to
suspend discharge access to the storm sewer
system in emergency situations or when an illicit
discharge is detected by the City.
(j) Enforcement- This subsection sets out the action
the City may take against a person violating sec-
tion 5 -9. It declares a violation a public nuisance
and establishes an abatement procedure the cost
for which is accessible against the violator, It also
makes a violation a misdemeanor offense.
3. Section Two makes the Ordinance effective upon pub-
lication of this summary.
Dated this 27th day of July, 2009.
Kathi Herrken, Mayor
Attest: _
Valerie Leone, City Clerk
(Published in the New Hope - Golden valley Sun -Post the
day of _, 2009.)
(Aug. 6, 2009) p2 -Ord 09 -10
ORDINANCE NO. 09 -11
AN ORDINANCE AMENDING VARIOUS SECTIONS
OF CHAPTER 4 OF THE NEW HOPE CITY CODE
RELATING TO PERMANENT STORM WATER
AND FLOODPLAIN MANAGEMENT
The City Council of the City of New Hope ordains:
Section 1 . Section 4 -2(b) "Definitions" of the New Hope City Code is hereby amended by
amending the definition of "Commissioner" to read as follows:
Cornrnissioner means re' gas referred to in subsections 4- 25(c)(5)(a) and 4- 26"ffl of
this Code "Conimissionei'" shall mean Commissioner of the Department of Natural
Resources.
Section 2 . Section 4 -3(1) "A drainage plan "of the New Hope City Code is hereby amended
to read as follows:
(i) A drainage plan. In the case of all residential plats, multiple - family dwellings,
businesses, and industrial developments, grading and drainage plans shall be required.
Grading and drainage plans shall demonstrate compliance with talthe performance standards
of subsection 4 -30) of the City Code ( the policies standards and implementation
measur in th City's most current adopted Local Water Management Plan, (c) all
applicable requirements of the jurisdictional Watershed Management Organization and (d)
4-shall be subject to the review and written approval of the city engineer.
Section 3 . Section 4- 3(j)(9) "Handbook adopted by reference" of the New Hope City Code
is hereby amended to read as follows:
(9) dbeak- Manual of standards -- local water management plan adopted by reference.
The standards and specifications contained in the manual of standards are hereby
incorporated into this section and made a part hereof by reference for the purpose of
delineating procedures and methods of operation under site development and erosion
and sedimentation control plans approved under Article iii. In the event of conflict
between provisions of said manual and of this of -i-natiee the ofdifianee -code
shall govern.
b The information provided in the most current adopted Local Water Management Plan
is hereby incorporated into this section and made a part hereof by reference for
purposes of identifying surface water management policies standards, and
implementation measures to inform the permit review process and guide proper
surface water manageriient.
-1-
Section 4 . Section 4- 26(d)(3) "Floodplain evaluation" of the New Hope City Code is
hereby amended by adding a new subsection (c.) to read as follows:
c The city shall direct the applicant to contact the jurisdictional Watershed Management
Organization and submit information as required by the Jurisdictional Watershed
Management Organization for review and approval.
Section 5 . Section 4- 26(8)(2) "State and federal permits" of the New Hope City Code is
hereby amended to read as follows:
(2) Required governmental perinits.
a. State and federal permits. Prior to granting a permit or processing an
application for a variance, the city manager or a designated representative
shall determine that the applicant has obtained all necessary state and federal
permits.
b Watershed Management Organization Approvals. Prior to granting a permit
or processing an application for a variance the City Manager or a designated
representative must confinn that the application was approved by the
jurisdictional Watershed Management Organization.
Section 6 . Section 4- 26(g)(4) "Notifications for watercourse alterations" of the New Hope
City Code is hereby amended to read as follows:
(4) Notifications for watercourse alterations. The zoning administrator shall notify, in
riverine situations, adjacent communities the jurisdictional Watershed Management
Organization and ti on of the depaFtmei +t- Department of n-atufal- Natural
rosou - -ees Resources Area Hydrologist prior to the community authorizing any alteration or
relocation of a watercourse. If the applicant has applied for a permit to work in the beds of
public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate
notice to the 611nr1- f ' e&o* ee-vDepartment of Natural Resources Area
Hydrologist A copy of said notification shall also be submitted to the Chicago Regional
Office of the Federal Emergency Management Agency (FEMA).
Section 7 . Section 4- 26(h)(4) "City submittal" of the New Hope City Code is hereby
amended to read as follows:
(4) City submittal. The city shall submit by mail to the Department of Natural Resources
Area Hydrologist Tie. f ef7 l Fesourees a copy of the application for a
proposed variance sufficiently in advance so that the Area Hydrologist ssivne will
receive at least ten days' notice of the hearing. A copy of all decisions granting a variance
shall be forwarded by mail to the Area Hydrologist c f na tural FeSOUFeeS
►M
within ten days of such action.
Section 8 . Section 4 -26(h) "Variances" of the New Hope City Code is hereby amended by
adding a new subsection (5) "Watershed Management Organization approval" to read as follows:
(5) Watershed Management Organization approval The city council shall not grant a
proposed variance without the applicant receiving prior approval (as necessary) from the
jurisdictional Watershed Management Organization.
Section 9 . Section 4- 26(h)(5) "Appeals" of the New Hope City Code is hereby renumbered
to (h)(6) and Section 4- 26(h)(6) "Flood insurance notice and recordkeeping" is hereby
renumbered to (h)(7).
Section 10 . Section 4 -26(k) "Amendments" of the New Hope City Code is hereby amended
to read as follows:
(k) 4mendments. All amendments to this Code, including revisions to the official
floodplain zoning district map, shall be submitted to and approved by the Department of
Natural Resources Area Hydrologist C of N tttfal- escuf'eec prior to
adoption. The floodplain designation on the official floodplain zoning district map shall
not be removed unless an area is filled to an elevation at or above the regulatory flood
protection elevation and is contiguous to lands outside of the floodplain. Changes in the
official zoning map must meet the Federal Emergency Management Agency's (FEMA)
Technical Conditions and Criteria and must receive prior FEMA approval before
adoption. The Department of Natural Resources Area Hydrologist C— en +-rrrissienef -ef
N T., t�aFa Resou must be given ten days' written notice of all hearings to consider an
amendment to this Code and said notice shall include a draft of the Code amendment or
technical study under consideration.
Section 11 . Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 10 "' day of August, 2009.
Attest:
Valerie Leone, City Clerk
,
Kath Hemken, Mayor
(Published in the New Hope - Golden Valley Sun -Post the 20th day of August , 2009.)
P. ATI'ORN EYSAS\I CLIENT FILES\2 CITY OF NEW HOPL99 -8091 I \ORDIN.RNCE 09 -11 D I. DOC
—3—
SUMMARY OF ORDINANCE NO. 09-11
AN ORDINANCE AMENDING VARIOUS SECTIONS
OF CHAPTER 4 OF THE NEW HOPE CITY CODE
RELATING TO PERMANENT STORM WATER
AND FLOODPLAIN MANAGEMENT
The following is a summary of Ordinance No. 09 -11 which is hereby approved this 10`
day of August, 2009 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. 09 -11. A printed copy of the entire text of Ordinance 09 -11 is available for
inspection at the office of the New Hope City Clerk. The entire text of Ordinance 09 -11 is also
posted and available for inspection at the New Hope Ice Arena and on the City's web site.
1. The title of Ordinance No. 09 -11 is " An Ordinance Amending Various Sections of Chapter 4
of the New Hope City Code Relating to Permanent Storm Water and Flood
plain
Mana <ement ".
2. Section 1. of the Ordinance amends code section 4 -2(b) by clarifying the reference to the
Commissioner of Natural Resources to other parts of the code.
3. Section 2. of the Ordinance amends code section 4 -3(i) by adding additional requirements for
approval of drainage plans for residential plats, multifamily dwellings and business and
industrial developments.
4. Section 3. of the Ordinance amends code section 4- 30)(9) by incorporating into the code by
reference requirements of the City's local water management plan.
5. Section 4. of the Ordinance amends code section 4- 26(d)(3) by requiring jurisdictional
Watershed Management Organization approval for floodplain evaluations.
6. Section 5 of the Ordinance amends code section 4- 26(8)(2) by requiring approval from the
jurisdictional Watershed Management Organization for all permits and variances.
7. Section 6 of the Ordinance amends code section 4- 26(g)(4) by requiring notification to the
jurisdictional Watershed Management Organization and Department of Natural Resources
Hydrologist of all watercourse alterations.
8. Section 7 of the Ordinance amends code section 4- 26(h)(4) by requiring the City to submit
copies of all variances applications to the Department of Natural Resources Hydrologist for
review and approval.
9. Section 8 of the Ordinance amends code section 4 -26(h) by adding a new subsection (5)
requiring all variances to also be approved by the Watershed Management Organization.
10. Section 9 of the Ordinance renumbers code sections 4- 26(h)(5) "Appeals" to 4- 26(h)(6) and
renumbers 4- 26(h)(6) "Flood insurance notice and record keeping" to 4- 26(h)(7).
11. Section 10 of the Ordinance amends code section 4 -26(k) by requiring the city to notify the
Department of Natural Resources Hydrologist of any amendments to the City's floodplain
zoning district map and other amendments to the code impacting any floodplain within the
City.
12. Section 11 makes the Ordinance effective upon publication of this summary.
Dated this 10 day of August, 2009.
i'
Kathi Hemken, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope- Golden Valley Sun -Post the 20 day of August _
P:\Attomey \SAS\l Client Files\2 City of New Hope \99 -5091 t\summary of Ord 09 -11 doc.doc
2
STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN )
Richard Hendrickson being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as
GV, NH, Crystal, Robbinsdale Sun -Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s); it was first published on Thurs-
day, the 20 d--, Of ' A ' li Im ict
2009, and was thereafter rinted and
published on every Thursday to and in-
cluding Thursday, the _____ day of
, 2009; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefghijklmnopgrstuvwxyz
e
BY: �..
CFO
Subscribed and sworn to or affirmed
before me on this 20 day of
August , 2009.
City of New Hope
(Official Publication)
SUMMARY OF ORDINANCE NO. 09 -11
AN ORDINANCE AMENDING VARIOUS SECTIONS
OF CHAPTER 4 OFTHE NEW HOPE CITY CODE
RELATINGTO PERMANENT STORM WATER
AND FLOODPLAIN MANAGEMENT
The following is a summary of Ordinance No. 09 -11
which is hereby approved this 1 Oth day of August, 2009
by the New Hope City Council for official publication. The
Council hereby determines this summary ordinance clear-
ly informs the public of the intent and effect of Ordinance
No. 09 -11. A printed copy of the entire text of Ordinance
09 -11 is available for inspection at the office of the New
Hope City Clerk. The entire text of Ordinance 09 -11 is also
posted and available for inspection at the New Hope Ice
Arena and on the City's web site.
1. The title of Ordinance No. 09 -11 is " Ordinance
Amending Various Sections of Chapter 4 of the New
Hone City Code Relatina to Permanent Storm Water
and Floodplain Management
2. Section 1. of the Ordinance amends code section 4-
2(b) by clarifying the reference to the Commissioner
of Natural Resources to other parts of the code.
3. Section 2. of the Ordinance amends code section 4-
3(i) by adding additional requirements for approval of
drainage plans for residential plats, multifamily
dwellings and business and industrial developments.
4. Section 3. of the Ordinance amends code section 4-
3(j)(9) by incorporating into the code by reference re-
quirements of the City's local water management
plan.
5. Section 4. of the Ordinance amends code section 4-
26(d)(3) by requiring jurisdictional Watershed Man-
agement Organization approval for floodplain evalua-
tions.
6. Section 5 of the Ordinance amends code section 4-
26(g)(2) by requiring approval from the jurisdictional
Watershed Management Organization for all permits
and variances.
7. Section 6 of the Ordinance amends code section 4-
26(g)(4) by requiring notification to the jurisdictional
Watershed Management Organization and Depart-
ment of Natural Resources Hydrologist of all water-
course alterations.
8. Section 7 of the Ordinance amends code section 4-
26(h)(4) by requiring the City to submit copies of all
variances applications to the Department of Natural
Resources Hydrologist for review and approval.
9. Section 8 of the Ordinance amends code section 4-
26(h) by adding a new subsection (5) requiring all vari-
ances to also be approved by the Watershed Man-
agement Organization.
10. Section 9 of the Ordinance renumbers code sections
4- 26(h)(5) "Appeals' to 4- 26(h)(6) and renumbers 4-
26(h)(6) "Flood insurance notice and record keeping"
to 4- 26(h)(7).
11. Section 10 of the Ordinance amends code section 4-
26(k) by requiring the city to notify the Department of
Natural Resources Hydrologist of any amendments to
the City's floodplain zoning district map and other
amendments to the code impacting any floodplain
within the City.
12. Section 11 makes the Ordinance effective upon pub-
lication of this summary.
Dated this 10th day of August, 2009.
Kathi Hemken, Mayor
Attest:
Valerie Leone City Clerk
(Published in the New Hope - Golden Valley Sun -Post the
day of 2009.)
(Aug. 20, 2009) p2 -Ord 09 -11
ORDINANCE NO. 09 -12
AN ORDINANCE AMENDING DEFINITIONS FOR
NEW HOPE CODE SECTION 5 -9(c)
REGULATING ILLICIT NON -STORM WATER
DICHARGE INTO CITY SEWER SYSTEM
The City Council of the City of New Hope ordains:
Section 1 . Section 5 -9(c) "Definitions" of the New Hope City Code is hereby amended by
adding two new definitions as subsection 5- 9(c)(2) for the term `Buffer" and 5- 9(c)(20) for the term
"Water resource" to read as follows:
(2) Buffer means a band of vegetation immediately adjacent to a water resource that is
designed, intended, or set aside as a transition zone to physically protect and separate the
water resource from future disturbance or encroachment.
(20) Water resource means sources of water that are useful or potentially useful to humans.
Uses of water include agricultural, industrial, household, recreational and environmental
activities. Examples of water resources include wetlands, lakes, streams, ponds, or other
natural water bodies.
Section 2 . Section 5 -9(c) "Definitions" of the New Hope City Code is hereby amended by
renumbering former subsection 5- 9(c)(2) "Discharge" to 5- 9(c)(3) and by renumbering all
subsections following "Discharge" currently numbered 5- 9(c)(3) to (c)(18) to 5- 9(c)(4) to (c)(l9).
Section 3 . Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the I 01 day of August, 2009.
Kathi Hemken, Mayor
Attest: /( e
Valerie Leone, City Clerk
(Published in the New Hope - Golden Valley Sun -Post the 20th day of August , 2009.)
P:':.ATTORNEYSAS'A CLIENT FILM2 CITY OF NEW HOPE - 99- 80912(AMEND DEF ILLICIT DISCHARGE) =,I)INANCE 09 -12 D I.DOC
—1—
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
Richard Hendrickson being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as GV, NH, Crystal, Robbinsdale Sun -Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s); it was first published on Thurs-
day, the 20 day of August
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the day of
, 2009; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefghijklmnopgrstuvwxyz
r
BY:
CFO
Subscribed and sworn to or affirmed
before me on this 20 day of
August , 2009.
City of New Hope
(Official Publication)
ORDINANCE NO. 09 -12
AN ORDINANCE AMENDING DEFINITIONS FOR
NEW HOPE CODE SECTION 5 -9(c)
REGULATING ILLICIT NON -STORM WATER
DICHARGE INTO CITY SEWER SYSTEM
The City Council of the City of New Hope ordains:
Section 1 . Section 5 -9(c) "Definitions" of the New
Hope City Code is hereby amended by adding two new
definitions as subsection 5- 9(c)(2) for the term "Buffee'
and 5- 9(c)(20) for the term °Water resource" to read as
follows:
(2) Suffer means a band of vegetation immediately
adjacent to a water resource that is designed, intend-
ed, or set aside as a transition zone to physically pro-
tect and separate the water resource from future dis-
turbance or encroachment.
(20) Water resource means sources of water that are
useful or potentially useful to humans. Uses of water
include agricultural, industrial, household, recreation-
al and environmental activities. Examples of water re-
sources include wetlands, lakes, streams, ponds, or
other natural water bodies.
Section 2 . Section 5 -9(c) "Definitions" of the New
Hope City Code is hereby amended by renumbering for-
mer subsection 5- 9(c)(2) "Discharge" to 5- 9(c)(3) and by
renumbering all subsections following "Discharge" cur-
rently numbered 5- 9(c)(3) to (c)(18) to 5- 9(c)(4) to (c)(19).
Se ction 3 . Effective Date. This Ordinance shall be ef-
fective upon its passage and publication.
Dated the 10th day of August, 2009.
Kathi Hemken, Mayor
Attest: __
Valerie Leone City Clerk
(Published in the New Hope - Golden Valley Sun -Post the
day of _. 2009.)
(Aug. 20, 2009) p2 -Ord 09 -12
ORDINANCE NO. 09-13 ,
AN ORDINANCE AMENDING SECTION 4 -30)
OF THE NEW HOPE CITY CODE REGULATING
GRADING, EROSION AND SEDIMENT CONTROL AND VARIOUS
DEFINITIONS RELATING TO SECTION 4 -3(j)
The City Council of the City of New Hope ordains:
Section 1 . Section 4 -3G) "Grading, erosion and sediment control regulations" of the New
Hope City Code is hereby amended to read as follows:
0) Grading, erosion and sediment control regulations.
(1) Title. This section shall be known as the "Grading, Erosion and Sediment Control
Regulations" and may be so cited.
(2) Purpose. The purpose of this sec4ien is to safe p and to preserve and
rega +; e -i a di blie and privat ft these regulations are to
.. .. � .. �ar�rrg csca �a ari rg - a�n�icc�zrcurra�rriuc"�r°Fc�T'�
promote, preserve and enhance the natural resources within the cites protect them
from adverse effects occasioned by poorly sited development or incompatible
activities by regulating land disturbing or development activities that would have an
adverse and potentially irreversible impact on water quality and environmentally
sensitive land, by minimizing conflicts and encouraging_ proper installation and
maintenance of best management practices (BMPs) for land disturbing or development
activities: and by requiring detailed review standards and procedures for land
disturbing or development activities proposed for such areas thereby achieving a
balance between development and protection of wateryuality and natural areas.
(3) Scope. This section sets forth rules and regulations to control land disturbances, landfill,
soil storage, and erosion and sedimentation resulting from such activities. This section
establishes procedures for issuance, administration and enforcement of a land
disturbance p ermit.
(4) Other laws. Neither this section nor any administrative decision made under it:
a. Exempts the permittee from procuring other required permits or complying with the
requirements and conditions of such permit; or
b. Limits the right of any person to maintain, at any time, any appropriate action at law
or in equity, for relief or damages against the permittee arising from the permitted
activity.
(5) Severability and validity. If any part of this section is not found valid, the remainder of
—I—
this section shall remain.
(6) Permit and Storm Water Pollution Prevention Plan (SWPPP) equired. -No person
1
maygrade, >
in i tlAsseetief
L. Applicability No person shall conduct land disturbing activities that meet any of the
following criteria without a land disturbance permit and submitting a Stormwater
Pollution Prevention Plan (SWPPP) pursuant to this Chapter.
1. Land disturbance greater than or equal to one acre or which will be ap rt of a
larger common plan or development that will include land disturbing activities
greater or equal to one acre.
2. Grading, excavation, or fill, which is greater than or equal to 50 cubic yards
CY .
3. Grading, excavation, fill, or disturbed areas which are greater than or equal to
15,000 square feet.
b. No building permit, subdivision approval or other permit that will result in land
disturbing activities shall be issued until approval of the Stormwater Pollution.
Prevention Plan or a waiver of the approval requirement has been obtained in
conformance with the provisions of this ordinance.
c. Exemptions. The provisions of this Chapter do not apply to:
1. Any part of a subdivision if a plat for the subdivision has been approved by the
City Council on or before the adoption of this ordinance, or
2. A lot for which a building_ permit has been approved on or before the adoption
of this ordinance; or
3. Emergency work to protect life, limb or prope ; or
4. Tilling, planting, or harvesting of agricultural, horticultural, or silvicultural
(forestry
) crops.
(7) Gener-al e)iemptieas,
All
land dis4ufbing land
filling be
er-
aetivities or- soil steFage shall
and to safeguafd
s
aaivities
are
need net apply
fer a permit pufsuant te
this eh"r-, if all the fellevAng efitffia
-2,-
+i_�.e n.�oswru +�tls l!l� +awl LRns i�raTlat'1
a
t�
a .
_
(4-97) Application. The application for a permit must include all of the following items:
a. Application.
b. Site fnap and grading planStorm Pollution Prevention Plan
e. !at * and sediment eei#fel plan.
a �;,,.,� n,a sediment ,, p Y, h efe Y Yea
u. i llAlil erosion a yy ,
V• Soil VL3�1ZZee , .
T �a NltthAGlri Yf lY leelegy r where r 1Y !'�
z. a..su�,zzzcn. r ,
Work schedule.
h d. Application fees.
i:e. Performance bond or other acceptable security (see subsection 4-30)(4-913j).
j-£ Any supplementary material required by the issuing authority.
(48) Application form. The following information is required on the application form:
a. Name, address and telephone number of the applicant.
b. Name(s), address(es) and telephone number(s) of any and all contractors,
subcontractors or persons actually doing the land- disturbing and land -filling
activities and their respective tasks.
E 04 - -
—4—
gr
(4-97) Application. The application for a permit must include all of the following items:
a. Application.
b. Site fnap and grading planStorm Pollution Prevention Plan
e. !at * and sediment eei#fel plan.
a �;,,.,� n,a sediment ,, p Y, h efe Y Yea
u. i llAlil erosion a yy ,
V• Soil VL3�1ZZee , .
T �a NltthAGlri Yf lY leelegy r where r 1Y !'�
z. a..su�,zzzcn. r ,
Work schedule.
h d. Application fees.
i:e. Performance bond or other acceptable security (see subsection 4-30)(4-913j).
j-£ Any supplementary material required by the issuing authority.
(48) Application form. The following information is required on the application form:
a. Name, address and telephone number of the applicant.
b. Name(s), address(es) and telephone number(s) of any and all contractors,
subcontractors or persons actually doing the land- disturbing and land -filling
activities and their respective tasks.
E 04 - -
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d.--c- Name(s), address(es) and telephone number(s) of the person responsible for the
preparation of the Storm Water Prevention
plan.
eA. Name(s), address(es) and telephone number(s) of the registered engineer(s)
responsible for the preparation of the soil engineering and engineering geology
reports, where required.
fie. A vicinity map showing the location of the site in relationship to the surrounding
area's watercourses, water bodies and other significant geographic features, and
roads and other significant structures. A description of the land on w_ hich the
proposed work is to be done by legal description street address or similar
description that will readily identify and definitely locate the ploposed building
or work.
g:f_. Date of the application.
frg_ Signature(s) of the owner(s) of the site or of an authorized representative.
(449) Site map andtradingStormwater Pollution Prevention Plan ( gFading-pIaa5YPPP) .
Each application for a land disturbance permit shall be accompanied by two (2)
copies of a Stormwater Pollution Prevention Plan consisting of the following
dependent upon the type and size of land disturbance activity conducted as
described below:
a. For all individual residential platted lots or any commercial and industrial land
which disturbs less than 1 (one) acre and includes fill or excavation less than 100
cubic yards:
1. Identification of proposed contour grading on the site at vertical
intervals of not more than two (2 ) feet;
2. Drainage patterns clearly shown using arrows depicting direction of surface
water flow;
3. A map showing the stages or limits of grading together with the existing or
proposed finished elevations•
4. Identification of proposed building bench elevations;
S. Submission of prelimigM plans or program for water si Wly, sewage
disposal, drainage and flood control (if applicableh
6. Soil borings. if required by the city engineer-,
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7 Locations of any wetlands lakes streams, or other critical water resource
areas;
8 Appropriate best management practices set forth in this Chanter; and
9 Other information as required by the City based on specific project
characteristics.
b. For all subdivisions and commercial or industrial sites in which land
disturbance activities will impact 1 (one) or more acres; or fill or excavate
over 100 cubic yards whichever is more restrictive, or any other site if
determined appropriate by the City Engineer due to potential impacts to
wetlands, lakes, or sensitive receiving waters.
1 Grading plan A aradding plan shall be provided that clearly indicates the
proposed land disturbance activities. Both existing and proposed topogaphy
shall be shown and have a maximum contour interval of two (2) feet.
Drainage patterns shall be clearly shown using arrows depicting direction of
flow. Other information shall be shown as required b the e City based on
specific project characteristics.
2 Phasing plan A phasing plan shall be provided that clearly indicates the
areas in the order they are to be disturbed and restored. The phasing plan
shall consider minimization of area and duration of exposed soil and
unstable conditions minimization of the disturbance of natural soil cover
and vegetation erosion and sediment control measure installation, weather
conditions and the schedule for temporary and permanent restoration. The
area and duration of each phase shall be indicated on the plan.
3 Pond detail sheet A pond detail sheet shall be provided for each proposed
storm water pond that shows detailed pond design including, normal water
level high water level aquatic bench maintenance bench outlet structures,
emergency overflow locations and other project specific data required by
the Ci .
4 Standard detail sheet. A standard detail sheet shall be provided that consists
of applicable construction details for approved erosion and sediment
control measures as developed by the City. Other techniques may be used
upon prior approval by the City with details provided by the designer.
5 Specifications Written specifications for land disturbance activities such as
product descriptions installation and maintenance procedures required by
was
the applicant to carry out the project in accordance with this Chapter.
6. Stormwater Pollution Prevention Plan as required under the NPDES Storm
Water Permit issued by the MPCA. The Stormwater Pollution Prevention
Plan shall consist of three components:
i.TempoM erosion and sediment control plan: Indicate the location of
perimeter controls construction fence temporary sedimentation basins
inlet protection, areas to be seeded areas to be mulched or blanketed
location of construction waste control (dumpsters chemical storage
concrete washout, portable restroom facilities etc) and all other
required temporary erosion and sediment control measures as described
in section. This plan shall also indicate staging of tempoM erosion
control measures.
ii. Permanent erosion and sediment control plan: Indicates areas to be
seeded and sodded, sediment ponds storm sewer systems and all other
required permanent erosion and sediment control measures Permanent
storm water pollution controls including, but not limited to ponds,
vegetated buffers and structural measures shall be designed and
constructed in accordance with other Chapters of the City Code and
requirements of other agencies having jurisdiction
iii. Narrative: Describes at a minimum the nature of construction
activity, person (s) responsible for inspection and maintenance of site
erosion and sediment control including contact information project
phasing, schedules, along with the timing installation and maintenance
of erosion and sediment control measures and specifications necessary
to carry out the project.
7. Permit Documentation: The�roperty owner or owner's agent shall apply for
and be issued a National Pollutant Discharge Elimination System PDES)
general storm water permit from the Minnesota Pollution Control Agency
MCA) and any gppropriate watershed district permits; and shall submit to
the City a copy of the MPCA Certificate of Permit Coverage or watershed
district approval.
a. Existiflg and proposed topography ef the site taken at aeon tlfifiterv�stlffieieenAtly
iepo ever the entire site. Ninety per-eent ofthe eenteurs
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(1--510) Stormwater Pollution Prevention Plan Process.
a. Process. For any subdivision, the Stormwater Pollution Prevention Plan shall be
submitted with the prelimiLiM plat application. For all other applications, the
Stormwater Pollution Prevention Plan meetin the req uirements of this section
and minimum BMP requirements of this section must be reviewed by the Citv
Engineer or designated representative who may approve, approve with
conditions, or deny the Stormwater Pollution Prevention Plan prior to an land
disturbin activit ctivit on the site.
b. Duration. Approval of a Stormwater Pollution Prevention Plan submitted under
the provisions of this article shall expire one (1 ) single year after the date of
rp ova or expiration of the permit, which ever is sooner, unless construction
has commenced in accordance with the plan. However, if prior to the expiration
of the approval, the applicant makes a written request to the Cfty for an
extension of time to commence construction setting forth the reason for the
requested extension, the City Engineer may grant one extension of not more
than one single year. Receipt of M req uest for an extension shall be
acknowledged by the Citv within fifteen (15) da The City shall make a
decision on the extension within thirty (30) days of receipt. Any plan ma be
revised in the same manner as ori ginally a pproved.
c. Conditions. A Stormwater Pollution Prevention Plan may be approved subject
to compliance with conditions reasonable and necessary to ensure that the
requirements contained in these regulations are met. Such conditions may,
among other matters limit the size, kind or character of the proposed
development, require replacement of vegetation, establish required monitoring
procedures stage the work over time, or require alteration of the site desi to
ensure buffering, and require the conveyance to the City or other public entity
of certain lands or interests therein.
d. Financial Security. The adequacy, conditions and acceptability of any fmancial
security shall be determined by the City.
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(1-6j 1) Minimum SWPPP Best Management Practices (BMPs)
a. No Stormwater Pollution Prevention Plan that fails to meet the standards
contained in this section shall be approved by the City Council or designated
representative.
b. Site Dewatering. Water pumped from the site shall be treated by temporary
sedimentation basins, gmt chambers, sand filters, upflow chambers,
hydrocyclones, swirl concentrators or other appropriate controls as appropriate.
All water from dewatering must be discharged in a manner that does not cause
nuisance conditions, erosion in receiving channels or on downslope properties,
or inundation in wetlands causing significant adverse impact to the wetland.
All discharge points must be adequately protected from erosion and scour. The
discharge must be dispersed over natural rock ripmy, sand bags, plastic sheeting
or other accepted energy dissipation measures. Adequate sedimentation control
measures are required for discharge water that contains suspended solids.
c. Construction Site Waste.
1. Waste and Material Disposal: All waste, unused building material including
garbage debris, cleaning wastes, wastewater, toxic materials or hazardous
materials), collected sediment, asphalt and concrete millings, floating g ebris,
paper, plastic, fabric, construction and demolition debris and other wastes
must be properly contained on site and disposed of off site, not allowed to be
carried by runoff into receiving channel or storage sewer system, and must
comply with MPCA disposal requirements.
2. Hazardous Materials: Oil, gasoline, paint and any hazardous substances must
be properly stored, including secondary containment, to prevent spill, leaks
or other discharge. Restricted access to storage areas must be provided to
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prevent vandalism. Concrete wash must be limited to a defined area of the
site and runoff must be contained within the defined area. Storage and
disposal of hazardous waste must be in compliance with MPCA regulations.
3. Liquid Waste: All non stormwater discharges concrete truck washout,
vehicle washing, maintenance spills, etc.) conducted during the construction
activity must comply the newest version of the state NPDES Permit.
4. Sanitary Facilities, Adequate on -site sanitary facilities shall be provided in
convenient location(s) for all persons who work on the site.
d. Tracking. Each site shall have graveled roads, access drives and parking areas
of sufficient width and length to prevent sediment from being tracked onto
public or private roadways. AU sediment reaching a public or private road
shall be removed by street cleaning before the end of each workday.
e. Drain Inlet Protection. All storm drain inlets shall be protected during
construction with control measures as Vproved by the City. These devices shall
remain in place until final stabilization of the site. A regular inspection and
maintenance plan shall be developed and implemented to assure these devices
are operational. at all times.
f. Site Erosion Control.
1. Channelized runoff from adiacent areas passim through the site shall be
diverted around disturbed areas, if practical. Diverted runoff shall be
conveyed in a manner that will not erode the conveyance at receiving
channels. All temporary or permanent drainage charnels must be stabilized
within 24 hours of being connected to a Water of the State. Sediment control
is required along channel edges to reduce sediment reaching the channel.
2. All activities on the site shall be conducted in a logical sequence to
minimize the area of bare soil exposed at any one time.
3. All disturbed ground left inactive for fourteen (14) or more days must have
temporary or permanent stabilization year round.
4. For sites with more than ten (10) acres disturbed at one time, or if a channel
originates in the disturbed area, one or more temporary or permanent
sedimentation basins shall be constructed. Each sedimentation basin shall
have a surface area of at least one percent of the area draining to the basin
and at least three feet of depth and constructed in accordance with accepted
design specifications. Sediment shall be removed to maintain a depth of
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three (3) feet. The basin discharge rate shall also be sufficiently low as to
not cause erosion along the discharge charnel or the receiving water.
5. Perimeter sediment control measures shall be placed along all down
gradient perimeters of the site. If a channel or area of concentrated runoff
passes through the site, perimeter sediment control measures shall be placed
along the channel edges to reduce sediment reaching the channel. All down
gradient perimeter sediment control measures must include a maintenance
and inspection schedule.
b. Any soil or dirt storage piles containing more than ten (10) cubic Yards of
material should not be located within twenty five (25 ) feet from a roadway
or drainage channel. If remaining for more than fourteen (14) days, the
shall be stabilized by mulching vegetative cover, tarps or other means and
enclosed with down gradient perimeter sediment controls. Piles which will
be in existence for less than fourteen (14) days shall be enclosed with
perimeter sediment controls.
7. Pipe outlets must have energy issipation installed within twenty -four (24)
hours of connection to waters of the state.
9. Inspections and Maintenance. The applicant shall be responsible for conducting
inspections and maintenance of all erosion and sediment control BMPs on site.
1. Inspections, maintenance, and rainfall on site must be documented and
readily available for review. Inspections are required as followed:
J. Once every seven (7) days on exposed soil areas.
ii. Within twenty- four 24) hours after a one half inch or greater rain event
over twenty -four (24) hours.
iii. Once'everytthiM (30) days on stabilized areas.
iv. As soon as runoff occurs or prior to resuming construction on frozen
ground.
2. Maintenance is required as follows:
i. When sediment reaches 113 the height of the BMP on perimeter control
devices. sediment must be removed within twenty -four (24 hours of
discovery.
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ii. If the perimeter control device is not functional it must be repaired or
replaced within twen -four 24) hours of discovery.
iii. Temporary sediment basins shall be maintained when sediment reaches
'/Z the outlet height or' /2 the basin storage volume. Basins must be
drained or sediment removed within seventy -two (72 ) hours of
discovery.
iv. Sediment must be removed from paved surfaces within twenty -four
(24) hours of discover
3. Erosion ipso Streets, Wetlands or Water Bodies. If eroded soils Cincludin
tracked soils from construction activities enter or appear likely to enter
streets, wetlands, or other water bodies, prevention strategies, cleanup and
repair must be immediate with the appropriate approvals from the DNR,
MPCA, or any other state, federal, or local agencies as necessary. The
applicant shall provide all traffic control and flagging required to protect the
traveling public during cleanup operations.
4. Erosion Off -Site. If erosion breaches the perimeter of the site, the ap hp 'cant
shall immediately develop a cleanup and restoration plan, obtain right -of-
entry from the adjoining property owner and get appropriate approvals from
all state, federal, and local agencies as necessary. Then implement the
cleanup and restoration plan within forty- eight (48 ) hours of obtaining the
adjoining property owner's permission. and approval from any appropriate
state, federal, and local agencies.
h. Completion of Work. Work will be considered complete when all exposed soil
areas have undergone final stabilization, as defined in this section, is
constructed to finish grade, and is in conformance with all permit conditions
of approval to the satisfaction of the City. The applicant or representative shall
notify the City when the land disturbing operations are ready for final
inspection. Final approval shall not be given until all work, including
installation of all drainage facilities and their protective devices, and all
erosion control measures, have been completed and final stabilization has
occurred in accordance with this ordinance.
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(4-712) Work schedule. The applicant must submit a master work schedule showing the
following information:
a. Proposed grading schedule.
b. Proposed conditions of the site on the fifteenth of each month between and
including the months of April through October.
c. Proposed schedule for installation of all k4efim ffesion and se di eat e ^Best
Management Practices measures including, but not limited to, the stage of
completion of erosion and sediment control devices and vegetative measures on
each of the dates set forth in subsection b.
d. Schedule for construction of final improvements, if any.
e. Schedule for installation of permanent erosion and sediment control devices where
required.
(4S13) Security.
a. The applicant shall provide security for the performance of the work described and
delineated on the approved grading plan in an amount to be set by the city. The
form of security shall be one or a combination of the following to be determined by
the city.
1. Bond or bonds issued by one or more fully authorized corporate sureties. The
form of the bond or bonds shall be subject to the approval of the (city)
(watershed management organization) attorney.
2. Deposit, either with the (city) (watershed management organization) or a
responsible escrow agent or trust company at the option of the (city) (watershed
management organization), of money, negotiable bonds of the kind approved for
securing deposits of public monies, or other instrument of credit from one or
more financial institutions subject to regulation by the state or federal
government wherein said financial institution pledges funds are on deposit and
guaranteed for payment.
3. Cash in United States currency.
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b. The applicant shall provide security for the performance of the work described and
delkieated -in the S WPPP plan in an amount to be determined by the city but
not less than 100 percent of the approved estimated cost of performing said work.
The form of the security shall be as set forth in subsections a. 2 and 3 above.
c. The applicant shall provide security for the performance of the work - described and
delineated in the final plan in an amount to be determined by the city but not less
than 100 percent of the approved estimated cost of performing said work. The form
of the security shall be as set forth in subsections a. 2 and 3 above.
(4-39 Fees. Fees are to be paid pursuant to a schedule of fees as set forth in chapter 14 of
this Code.
(20J Decision on a permit. The city shall review all documents submitted pursuant to this
section, and, if necessary, request additional data, clarification of submitted data or
correction of defective submissions within ten working days after the date of
submission. The city shall notify applicant of the decision on the permit within 40
days of submission by the applicant, which submission shall include action by any
affected permitting authority having jurisdiction.
(249 Notice. Applicant shall be notified of the city's decision on the application within
three working days of the decision.
(2217 Permit duration. Permits issued under this chapter shall be valid for the period during
which the proposed land - disturbing or filling activities and soil storage takes place
of is scheduled to take place, whichever is shorter. Permittee shall commence
permitted activities within 60 days ofthe scheduled commencement date for grading
or the perniittee shall resubmit all required application forms, maps, plans, schedules
and security to the city except where an item to be resubmitted is waived by the city.
(24i8j Permit denial. The applicant may request a hearing before the city council within five
working days of notification of a permit denial. The hearing shall be held at the
earliest possible regularly scheduled city council meeting following the date of the
request for a hearing, allowing adequate time for all background materials to be
submitted to couneilmembers in the regular course of business.
(2419) Assignment of permit. A permit issued pursuant to this chapter maybe assigned,
provided:
a. The permittee notifies the city of the proposed assignment.
b. The proposed assignee:
1. Submits an application form pursuant to subsection 4- 30)(447); and
Qir''s
2. Agrees in writing to all the conditions and duties imposed by the permit; and
3. Agrees in writing to assume responsibility for all work performed prior to the
assignment; and
4.. Provides security pursuant to subsection 4- 30)(If 3a; and
5. Agrees to pay all applicable fees.
c. The city approves the assignment. The city shall set forth in writing the reasons for its
approval or disapproval of an assignment.
(262JO Issuance of permits. The city shall issue a permit upon approval of a grading plan,
interim plan, S WPPP and where required, a final plan, soils engineering report, and
engineering geology report, deposit of appropriate security and payment of fees. The
permit shall be issued subject to the following conditions:
a. The permittee shall maintain a copy of the permit, approved plans and reports required
under subsection 4-30)(272jl on the work site and available for public inspection
during all working hours.
b. The permittee shall, at all times, be in conformity with approved grading plan, interim
and final plans.
(221) Implementation of permits-- Permittee's duties. In addition to performing as required
under subsection 4- 30)(26:
a. Unless this requirement is waived by the city, permittee shall notify the city within 72
hours of:
1. The beginning of the permitted activity.
2. The completion of rough grading.
3. The completion of finished grading.
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4. The installation of all erosion ean ��ra'� eesand sediment control BMPs and the
completion of planting requirements.
5. Readiness of the site for final inspection, including, but not limited to, finished
grading, installation of drainage devices and final erosion control measures.
b. Permittee shall submit to the city, reports if:
1. There are delays in obtaining materials, machinery, services or manpower
necessary to the implementation of the grading, interim or final plans as
scheduled.
2. There are any delays in land- disturbing or filling activities or soil storage.
3. The work is not being done in conformance with the approved grading, interim or
final plans.
4. There are any departures from the approved grading plan which may affect
implementation of the interim or final plans, as scheduled.
5. There are any delays in the implementation of the interim or final plans.
6. There are any other departures from implementation of the interim or final plans.
c. Unless this requirement is waived by the city, permittee shall submit
recommendations for corrective measures, if necessary and appropriate, with the
reports made under subsection b above.
(28�22) Implementation of permits.
a. The city shall review all reports submitted by permittee. The city may require
permittee to modify the grading plan, interim or final plans, and maintenance methods
and schedules. The city shall notify the permittee in writing of the requirement and
specify a reasonable period of time within which permittee must comply. All
modifications are subject to city's approval.
b. The city may inspect the site:
1. Upon receipt of a report by permittee under provisions of subsections 4- 30)(2-72j1a
and b.
2. To verify completion of modifications required under subsection 4- 30)(2922 a.
3. During and following any rainfall.
4. At any other time, at the city's discretion.
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c. Upon completion of the rough grading work and at the final completion of the work,
the city may require the following reports and drawings and supplements thereto:
1. An as- graded grading plan prepared by the civil engineer including original ground
surface elevations, as- graded ground surface elevations, lot drainage patterns and
locations, and elevations of all surfaces and subsurface drainage facilities. The
engineer shall provide approval that the work was done in accordance with the final
approved grading plan.
2. A soil grading report prepared by the soils engineer including locations and
elevations of field density tests, summaries of field and laboratory tests and other
substantiating data and comments on any changes made during grading and their
effect on the recommendations made in the soil engineering investigation report. The
engineer shall provide approval as to the adequacy of the site for the intended use.
3. A geologic grading report prepared by the engineering geologist including a final
description of the geology of the site including any new information disclosed during
the grading and the effect of same on recommendations incorporated in the
approved grading plan. The geologist shall provide approval as to the adequacy of
the site for the intended use as affected by geologic factors.
{ ) Post grading procedures. Upon completion of final grading and permanent
improvements, where such permanent improvements are planned at the time grading
is performed, permittee shall submit:
a. Executed contract(s) for maintenance and upkeep of final plan runoff and erosion
control measures for a period of three years. (Less desirable alternatives: deed
restrictions requiring maintenance; instructions on maintenance provided subsequent
owners.)
{382J4 Enforcement Procedures.
a. Right of Entry: The applicant shall promptly allow the City and its authorized
representatives, upon presentation of credentials to:
(1) Enter upon the permitted site for the purpose of obtaining information,
examination of records, conducting investigations, ivestigations, inspections or surveys.
(2) Bring such uch equipment upon the permitted site as is necessary to conduct
such surveys and investigations.
(3) Examine and copy any books, papers, records, or memoranda pertaining
to activities or records required to be kept under the terms and conditions
of this permitted site.
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(4) Inspect the storm water pollution control measures.
(5) Sample and monitor any items or activities pertaining to storm water
pollution control measures.
�6} Require removal of any temporary or permanent obstruction to the safe and
eaa access of such an inspection upon the inspector's request. The cost of
providing such access shall be born by the ap lzp . cant.
b. Letter of Warning: The Cit�may inspect the project at any time to determine
that adequate construction site runoff control is being exercised in accordance
with the provisions of this Chapter or approved Stormwater Pollution
Prevention Plan. If based on the City inspection, the site is out of compliance
with said provisions, the City will issue a letter of warning to the permit holder
outlining the areas of the site in. noncompliance and specify a time period in
which corrections shall occur.
c. Notice of Violation: If the corrective work is not completed and compliance
with the Plan has not occurred within the time period set forth in the letter of
warning, the Cily will issue a notice of violation which describes the We of
penalty being issued to the applicant as described in this section.
d. Emergency Corrective Action: In the event circumstances exist such that
noncompliance -poses an immediate danger to the public health, safety and
welfare as determined by the City, the City may take emergency corrective
action to prevent any such danger. The City shall make a reasonable effort to
contact and direct the owner of the subject property to take any necessary action.
Any costs incurred by the City in connection with any emergency action maybe
recovered from the Applicant's financial security.
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4
IOMW�. NMI
(425J Fines and penalties. When an applicant fails to conform to any provision of this
policy within the time stipulated, the City may take the following actions:
a. Issue a stop work order.
b. Withhold the scheduling of building_ inspections.
c. Withhold the issuance of a Certificate of Occupancy.
d. Revoke any permit issued by the City to the applicant for the site in question or
any other of the applicant's sites within the City's jurisdiction.
e. Direct the correction of the deficiencby City forces or by a separate contract.
All costs incurred by City in correcting erosion and sediment control
deficiencies must be reimbursed b, the he a 1p ip cant.
f Action Against the Financial Securitv. If annromiate actions by the applicant
have not been completed within seven (7) days after notification by the cjjy, the
city may act against the financial security if any of the conditions listed below
exist. The city shall use funds from this security to finance any corrective or
remedial work undertaken by the City or a contractor under contract to the City
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i
IOMW�. NMI
(425J Fines and penalties. When an applicant fails to conform to any provision of this
policy within the time stipulated, the City may take the following actions:
a. Issue a stop work order.
b. Withhold the scheduling of building_ inspections.
c. Withhold the issuance of a Certificate of Occupancy.
d. Revoke any permit issued by the City to the applicant for the site in question or
any other of the applicant's sites within the City's jurisdiction.
e. Direct the correction of the deficiencby City forces or by a separate contract.
All costs incurred by City in correcting erosion and sediment control
deficiencies must be reimbursed b, the he a 1p ip cant.
f Action Against the Financial Securitv. If annromiate actions by the applicant
have not been completed within seven (7) days after notification by the cjjy, the
city may act against the financial security if any of the conditions listed below
exist. The city shall use funds from this security to finance any corrective or
remedial work undertaken by the City or a contractor under contract to the City
—21—
and to reimburse the City for all direct cost incurred in the process of remedial
work including but not limited to staff time consultant's time and attorney's
fees.
1. The applicant ceases land disturbin act ivities and/or filling and abandons the
work site prior to completion of the City approved ark; ding plan.
2 The applicant fails to conform to any City approved grading plan and /or
Stormwater Pollution Prevention Plan as approved by the City, or related
supplementary instructions.
3. The techniques utilized under the Stormwater Pollution. Prevention Plan fail
within one (1) year of installation.
4. The applicant fails to reimburse the City for corrective action taken under this
Section.
5. Emergency action as described in this Section.
g. Any person firm or Corporation failing to comply with or violating any of
these regulations shall be deemed uui`lt of a misdemeanor and subject to a fine
or ipMrisonment or both. All land use and building permits must be sus pended
until the developer has corrected the violation. Each day that a separate
violation exists constitute a separate offense.
- -- M -. all
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PIL
s
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(-3-326) Release of security. Security deposited with the city for faithful performance of the
grading and erosion control work and to finance necessary remedial work shall be
released according to the following schedule:
a. Securities held against the successful completion of the grading plan and the
S WPPP ' 36)(25), shall
be released to the permittee after inspection by the city at the termination of the
permit, provided all conditions have been met and no action against such security is
filed prior to that date.
b. Securities held against the successful completion of the final plan and an interim plan
described in subsection 4- 30)(-2923 shall be released to the permittee after inspection
by the city and approval of all work and either one year after termination of the permit
or when a final plan is submitted for the unimproved site, whichever is later,
provided all conditions have been met and no action against such security has been
filed prior to that date.
(3427 Cumulative enforcement procedures. The procedures for enforcement of a permit, as
set forth in this section, are cumulative and not exclusive.
(28) Handbook. The standards and specifications contained in the manual of standards
are hereby Y ncorporated into this section and made a part hereof by reference for
the purpose of delineating procedures and methods of operation under site
development and erosion and sedimentation control plans approved under Article iii.
In the event of conflict between provisions of said manual and of this ordinance, the
ordinance shall govern.
(29) Local Water Management Plan — The information provided in the most current
adopted Local Water Management Plan is hereby incorporated into this section
and made a part of hereof by reference for purposes of identif3dpg surface water
management policies, standards, and implementation measures to inform the
permit review process and guide proper surface water management,
(30) Other Controls. In the event of any conflict between other ordinances adopted by the
City Council, the more restrictive standard prevails.
—23—
Section 2 . Section 4 -2(b) "Definitions" of the New Hope City Code is hereby amended by
adding new definitions for the following: "Detention facility ", "Discharge ", ".Exposed sail area ",
"Final stabilization". "Storm water ", "Stormwater pollution prevention plan (SWPPP) ", and
"Waters of the state " to read as follows:
Detention facility means a permanent natural or man-made structure, including wetlands,
for the temporary storage of stormwater which contains a permanent pool of water.
Discharge means the release conveyance, channeling, runoff, or drainage, of stormwater
including snowmelt, from a construction site.
Exposed soil areas means all areas of the construction site where the vegetation (trees,
shrubs brush gasses etc. ) or impervious surface has been removed, thus rendering the
soil more prone to erosion. This includes topsoil stockpile areas, borrow areas, and
disposal areas within the construction site. It does not include stockpiles or surcharge
areas of gravel, concrete or bituminous. Once soil. is exposed it is considered "exposed
soil," until it meets the definition of final stabilization.
Final stabilization means that all soil disturbing activities at the site have been
completed and that a uniform perennial vegetative cover with a densily of seventy -five
percent (75 %) for unpaved areas and areas not covered by permanent structures has been
established or equivalent permanent stabilization measures have been employed. Simply
sowing grass is not considered final stabilization.
Storm water means precipitation runoff, storm water runoff, snow melt off, and any other
surface runoff and drainage.
Storm water Pollution Prevention Plan (SWPPP) means a joint storm water and erosion
and sediment control plan that is a document containing the requirements of this
ordinance.
Waters of the state has the meaning given it in Minnesota Statutes, Section 115.01,
subdivision 22.
Section 3 . Section 4 -2(b) "Definitions" of the New Hope City Code is hereby amended
by amending the following existing definitions "Best management practices (BMP) ", "Land
disturbance or land disturbing activities ", "Sediment ", "Structure ", and "Wetlands" to read as
follows:
Best management practices means erosion and sediment control and water quality
management practices that are the most effective and practicable means of controlling,
mventina, and minimizing; the degradation of surface water, including construction-
Phasing, minimizing the length of time soil areas are exposed prohibitions and other
management practices ublished by state or designated area -wide planning agencies.
—24—
SEPTA
Land disturbance /land - disturbing activities means any change of the land surface
including removing vegetative cover, excavating filling grading and the construction of
any structure.
.
Sediment means ear& material deposited or carried by water sewage, other liquid
or wind.
Structure means anything which is built constructed or erected an edifice or building of
anv kind. or anv piece of work artificially buil u or composed of parts ioined together in
some definite manner, which requires a location on below or above the ground land or
water, or attached to something having a location on the ground, land or water.
surface runoff and drainage. 4'' _ _ __*' _ --±_ a o_ -- - ete o = g e ' n o a#aG ed to
the graiand or- on site _ rums rr s rr �
utilities 3 > , 3 sheds
detaehed 3 3 .
Wetlands means swamps, bogs, marshes, potholes, wet meadows, and sloughs are
wetlands, and properly, may be shallow waterbodies, the waters of which are stagnant
or actuated by very feeble currents, and may at times be sufficiently dry to permit
tillage but would require drainage to be made arable. The edge of a wetland is
commonly that point where the natural vegetation changes from predominantly aquatic
to predominantly terrestrial. An area where water stands near, at, or above the soil surface
during a significant portion of most years, saturating the soil and supporting a
predominantly aquatic form of vegetation, and which may have the following
characteristics:
(1) Vegetation belonging to the marsh (emergent aquatic), bog, fen, sedge meadow,
shrub land, southern lowland forest (lowland hardwood), and northern lowland forest
(conifer swamp) communities. (These communities correspond roughly to wetland
types 1, 2, 3, 4, 6, 7, and 8 described by the United States Fish and Wildlife Service,
Circular 39, "Wetlands of the U.S., 49-56 1971 .
(2) Mineral soils with gley horizons or organic soils belonging to the histosol order
(peat and muck).
(3) Soil which is water logged or covered with water at least three months of the year.
Section 4 . Effective Date. This Ordinance shall be effective upon its passage and
publication.
—25—
Dated the 26 day of October, 2009.
Kathi Hemken, Mayor
f
Attest:
Valerie Leone, City Clerk
(Published in the New Hope - Golden Valley Sun -Post the 5rh day of November , 2009.)
P:VsTTORNEY\SAS \I CLIENT FILEM CITY OF NEW HOPE09.80913(AMEND 4- 3(n10RDMMCE 09.13DI.DOC
Em
SUMMARY OF ORDINANCE NO. 09 -13
AN ORDINANCE AMENDING SECTION 4 -30) OF
THE NEW HOPE CITY CODE REGULATING GRADING, EROSION
AND SEDIMENT CONTROLS AND VARIOUS DEFINITIONS
RELATING TO SECTION 4 -30)
The following is a summary of Ordinance No. 09 -13 which is hereby approved this 26
day of October, 2009 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. 09 -13. A printed copy of the entire text of Ordinance 09 -13 is available for
inspection at the office of the New Hope City Clerk. The entire text of Ordinance 09 -13 is also
posted and available for inspection at the New Hope Ice Arena and on the City's internet web
site.
1. The title of Ordinance No. 09 -13 is " An Ordinance Amending Section 4 -3u) Of The New
Hope Citv Code Rezulating Grading Erosion And Sediment Control And Various
Definitions Relating To Section 4 -3U) ".
2. Section One of the Ordinance amends and re- codifies new regulations for grading,
erosion and sediment control relating to land disturbance, construction and development
activities within the City per section 4 -30) of the New Hope City Code. The amended
section 4 -30) consists of 30 subsections identified as sections 4- 30)(1) through (30). The
title of and summary description for these subsections are as follows:
1. Title — This section repeats the title of New Hope Code §4 -30).
2. Purpose — This subsection sets forth the Council's reasons and concerns for adopting
these regulations. Basically, to protect and preserve the City's water quality and
environmentally sensitive land.
3. Scope - This subsection states rules and regulations have been established by §4 -30).
4. Other laws - This subsection states other regulations governing this area should be
followed.
S. Severability and validity - This subsection indicates any portion of §4 -30) determined
unenforceable will not affect the validity of other sections.
6 Permit and Storm Water Pollution Prevention Plan - This subsection sets forth
requirements for a land disturbance permit and storm water pollution prevention plan.
7. Application - This subsection sets out the required items for a land disturbance
permit.
8. Application form - This subsection states what information is required by the
application form.
9. Storm water pollution prevention plan - This subsection requires the submission of a
SWPPP to obtain a land disturbance permit.
10. Storm water pollution prevention plan process - This subsection indicates the process
that must be followed for a SWPPP including review by the City Engineer, duration
of the plan, requirement for conditions potentially limiting the size and character of
the development and the imposition of financial security for the development.
11. Minimum SWPPP Best Management Practices (BMPs) - This subsection sets out
minimum standards for handling site dewatering, construction waste, prevention of
sediment tracking on roadways, drain inlet protection, site erosion and inspection
requirements.
12. Work schedule — This subsection requires the submission of a work schedule for
grading, erosion and sediment control, final improvements and best management
practices.
13. Security - This subsection requires financial security for the project.
14. Fees - This subsection requires fees to be paid per chapter 14.
15. Decision on Permit - This subsection places a time limit of 40 days on the City to
decide on issuing a permit.
16. Notice - This subsection requires applicant to be provided notice of decision within 3
days.
17. Permit duration - This subsection states conditions for the length of the permit.
18. Permit denial - This subsection states the process for appeal upon denial of a permit.
19. Assignment of permit - This subsection states the process for assigning a permit to a
new person or entity.
20. Issuance of permit - This subsection indicates the city will issue a permit after
completion of various items such as a grading plan and a SWPPP. The permit must be
maintained at the job site and the applicant must conform to all approved plans.
21. Implementation of permit- permittee's duties - This subsection sets out additional
requirements for conformance with an approved permit such as notification of
commencement of work, completion of rough and finished grading and installation of
erosion and sediment control BMPs.
2
22. Implementation of permits - This subsection states the City's duties in administration
of the permit including review of reports, modification of the plans, inspection of the
site, completion of work and all follow up reports and requirements.
23. Post grading procedures - This subsection sets out maintenance requirements for the
applicant after the work has been performed.
24. Enforcement procedures - This subsection sets out the City's various enforcement
procedures to ensure the applicant's work has conformed to all approved plans.
25. Fines and penalties - This subsection sets out fines and penalties for violations of the
permits and plans.
26. Release of Security - This subsection indicates when the City must release the
financial security posted by the applicant to insure conformance with the plans and
permit.
27. Cumulative enforcement - This subsection indicates the City's remedies are not
exclusive.
28. Handbook — This subsection incorporates by reference all standards and
specifications in the manual of standards as if they were fully set out in this code
section.
29. Local water management plan - This subsection incorporates by reference the local
water management plan as if it were fully set out in this code section.
30. Other controls — This subsection makes any other control applicable if more
restrictive than the control set out in §4 -30).
3. Section Two of the Ordinance adds seven new definitions to §4 -2(b) as follows:
"Detention facility ", "Discharge ", "Exposed soil area ", "Final stabilization ", "Storm
water ", "Storm Water Pollution Prevention Plan (SWPPP) " and "Waters of the state ".
4. Section Three of the Ordinance amends five existing definitions of §4 -2(b) as follows:
"Best management practices ", "Land disturbance /land disturbing activities
"Sediment", "Structure" and "Wetlands".
5. Section Two makes the Ordinance effective upon publication of this summary.
Dated this 26 day of October, 2009.
3
l
Kathi kemken, Mayor
Attest: /
Valerie Leone, City d erk
(Published in the New Hope - Golden Valley Sun -Post the 5th day of November , 2009.)
P: \Attorney °SAS \l Client Files \2 City of New Hope \99- 80913(amend 430 )'summary of Ord 09- 13.doc
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
Richard Hendrickson being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as GV, NH, Crystal, Robbinsdale Sun -Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s); it was first published on Thurs-
day, the 5 day of November
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
2009; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefg hijklmnopgrstuvwxyz
BY L -- -.
4CFO
Subscribed and sworn to or affirmed
before me on this 5 day of
November 2009.
Notary Public
MARY ANN CARLSON
NOTARY PUBLIC - MINNESOTA
MY COMMISSION EXPIRES 1 -31 -14
�1 h
City of New Hope
(Official Publication)
SUMMARY OF ORDINANCE NO. 09 -13
AN ORDINANCE AMENDING SECTION 4 -3(j) OF
THE NEW HOPE CITY CODE REGULATING
GRADING, EROSION AND SEDIMENT CONTROLS
AND VARIOUS DEFINITIONS
RELATING TO SECTION 4 -3(j)
The following is a summary of Ordinance No. 09 -13
which is hereby approved this 26th day of October, 2009
by the New Hope City Council for official publication. The
Council hereby determines this summary ordinance clear-
ly informs the public of the intent and effect of Ordinance
No. 09 -13. A printed copy of the entire text of Ordinance
09 -13 is available for inspection at the office of the New
Hope City Clerk. The entire text of Ordinance 09 -13 is also
posted and available for inspection at the New Hope Ice
Arena and on the City's internet web site.
1. The title of Ordinance No. 09 -13 is " Ordinance
Amending Section 4 -3(j) Of The New Hope City Code
Regulating Grading Erosion And Sediment Control
And Various Definitions Relating To Section 4- 3(i)
2. Section One of the Ordinance amends and re- codifies
new regulations for grading, erosion and sediment
control relating to land disturbance, construction and
development activities within the City per section 4-
30) of the New Hope City Code. The amended sec-
tion 4 -30) consists of 30 subsections identified as sec-
tions 4- 30)(1) through (30). The title of and summary
description for these subsections are as follows:
1. Title - This section repeats the title of New Hope
Code §4 -3(j).
2. Purpose -This subsection sets forth the Council's
reasons and concerns for adopting these regula-
tions. Basically, to protect and preserve the City's
water quality and environmentally sensitive land.
3. Scope -This subsection states rules and regula-
tions have been established by §4 -3(j).
4. Other laws -This subsection states other regula-
tions governing this area should be followed.
5. Severability and validity - This subsection indi-
cates any portion of §4 -3(j) determined unen-
forceable will not affect the validity of other sec-
tions.
6. Permit and Storm Water Pollution Prevention Plan
- This subsection sets forth requirements for a
land disturbance permit and storm water pollution
prevention plan.
7. Application - This subsection sets out the re-
quired items for a land disturbance permit.
8. Application form -This subsection states what in-
formation is required by the application form.
9. Storm water pollution prevention plan -This sub-
section requires the submission of a SWPPP to
obtain a land disturbance permit.
10. Storm water pollution prevention plan process -
This subsection indicates the process that must
be followed for a SWPPP including review by the
City Engineer, duration of the plan, requirement
for conditions potentially limiting the size and
character of the development and the imposition
of financial security for the development.
11. Minimum SWPPP Best Management Practices
(BMPs) -This subsection sets out minimum stan-
dards for handling site dewatering, construction
waste, prevention of sediment tracking on road-
ways, drain inlet protection, site erosion and in-
spection requirements.
12. Work schedule - This subsection requires the
submission of a work schedule for grading, ero-
sion and sediment control, final improvements
and best management practices.
13. Security - This subsection requires financial se-
curity for the project.
14. Fees - This subsection requires fees to be paid
per chapter 14.
15. Decision on Permit - This subsection places a
time limit of 40 days on the City to decide on is-
suing a permit.
16. Notice - This subsection requires applicant to be
provided notice of decision within 3 days.
17. Permit duration - This subsection states condi-
tions for the length of the permit.
18. Permit denial -This subsection statesthe process
for appeal upon denial of a permit.
19. Assignment of permit -This subsection states the
process for assigning a permit to a new person or
entity.
20. Issuance of permit - This subsection indicates the
city will issue a permit after completion of various
items such as a grading plan and a SWPPP. The
permit must be maintained at the job site and the
applicant must conform to all approved plans.
21. Implementation of permit- permittee's duties -
This subsection sets out additional requirements
for conformance with an approved permit such as
notification of commencement of work, comple-
tion of rough and finished grading and installation
of erosion and sediment control BMPs.
22. Implementation of permits - This subsection
states the City's duties in administration of the
permit including review of reports, modification of
the plans, inspection of the site, completion of
work and all follow up reports and requirements.
23. Post grading procedures - This subsection sets
out maintenance requirements for the applicant
after the work has been performed.
24. Enforcement procedures - This subsection sets
out the City's various enforcement procedures to
ensure the applicant's work has conformed to all
approved plans.
25. Fines and penalties - This subsection sets out
fines and penalties for violations of the permits
and plans.
26. Release of Security - This subsection indicates
when the City must release the financial security
posted by the applicant to insure conformance
with the plans and permit.
27. Cumulative enforcement - This subsection indi-
cates the City's remedies are not exclusive.
28. Handbook - This subsection incorporates by ref-
erence all standards and specifications in the
manual of standards as if they were fully set out
in this code section.
29. Local water management plan - This subsection
incorporates by reference the local water man-
agement plan as if it were fully set out in this code
section.
30. Other controls -This subsection makes any other
control applicable if more restrictive than the con-
trol set out in §4 -3(j).
3. Section Two of the Ordinance adds seven new defin-
itions to §4 -2(b) as follows: "Detention facility," "Dis-
charge," "Exposed soil area," "Final stabilization,"
"Storm water," "Storm Water Pollution Prevention
Plan (SWPPP) " and "Waters of the state."
4. Section Three of the Ordinance amends five existing
definitions of §4 -2(b) as follows:
"Best management practices." "Land disturbance/
land disturbing activities," 'Sediment," "Structure" and
"Wetlands. "
5. Section Two makes the Ordinance effective upon pub-
lication of this summary.
Dated this 26th day of October, 2009.
Kathi Hemken, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope - Golden Valley Sun -Post the
__ day of , 2009.)
(Nov. 5, 2009) p2 -Ord 09 -13
ORDINANCE NO. 2009 -14
AN ORDINANCE AMENDING CHAPTER 7
OF THE NEW HOPE CITY CODE REGULATING THE
LIMITATIONS ON KEEPING OF ANIMALS
The City Council of the City of New Hope ordains:
Section 1 . Section 7 -6 "Limitations on keeping of animals" of the New Hope City Code
is hereby amended by amending to read as follows:
Sec. 7 -6. Limitations on keeping of animals.
It is hereby declared to be a public nuisance and unlawful to slaughter, :e"., allow, pe
keep *b%m+ain ride, herd or drive any animals within the City. It shall als be a public.
nuisance and unlawful to allow, permit keep. maintain. sell or harbor animals within the city,
in violation of the following regulations or without a city permit as provided for in
subsection (8):
Section 2 . Section 7 -6 "Limitations on keeping of ` eta " rairnrls " of the New Hope
City Code is hereby amended by amending subsection (4) "Fowl' to read as follows:
(4) Fowl. Four or more fowl of any kind or combination thereof. Fowl means chickens,
ducks, geese, pheasants, turkeys or other domestic, agricultural or wild fowl. Fowl does
not mean roosters and no roosters of any kind are permitted within the City b this
section.
Section 3. Section 7 -6 "Limitations on keeping of " : nitnals" of the New
Hope City Code is hereby amended by amending subsection (8)(i) "Application" to read as
follows:
i) Application. An application for a permit must contain the following information: (i)
the name and address of the applicant, (ii) the address of the premises upon which the
animal or animals are to be kept, (iii) the number, species and, except in the case of bees,
the sex of such animal or animals, and (iv) a statement regarding any property damage or
physical injuries caused by such animal or animals in the past. The council may also
require submission of such additional information or material as it deems necessary or
convenient. The applicant must pay to the city clerk such initial permit fee and renewal
permit fee as shall be established from time to time by council resolution. Upon
submission of the initial application, the city clerk must set a date for a hearing on the
application before the city council and must notify the owners of all properties located
within 500- feet of the subject premises of the date and time of the hearing.
—1—
Section 4. Section 14 -7 "Pet Licenses and animal boarding and impoundfees. "of the
New Hope City Code is hereby amended by amending subsection (6) "Permit to exceed animal
limits" to read as follows:
(6) Permit to exceed animal limits. The initial and renewal permit fees to exceed the limit on
keeping animals set out in subsection 7- 6(8)(i) shall be u
--- --N as follows:
i. Initial aka l�p ication - $75.00
ii. Annual. renewal - $
Section 5 . Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 14 day of September, 2009.
Kathi Hemken, Mayor
tf . ;
Attest: Y ..
Valerie Leone, City derk
(Published in the New Hope - Golden Valley Sun -Post the 24th day of September , 2009.)
P: \Attorney \SAS\l Client Files\2 City of New Hope \99 -80914 (reg animals) \Ord. 09- 14.doc
—2—
City of New Hope
(Official Publication)
ORDINANCE NO. 2009 -14
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Richard Hendrickson being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as GV, NH, Crystal, Robbinsdale Sun -Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s); it was first published on Thurs-
day, the 24 day of September
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
, 2009; and printed
below is a copy of the lower case alpha -
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefghijklmnopq rstuvwxyz
BY: �.
CFO
Subscribed and sworn to or affirmed
before me on this 24 day of
September , 2009.
AN ORDINANCE AMENDING CHAPTER 7
OFTHE NEW HOPE CITY CODE REGULATINGTHE
LIMITATIONS ON KEEPING OF ANIMALS
The City Council of the City of New Hope ordains:
Section 1 . Section 7 -6 "Limitations on keeping of
animals" of the New Hope City Code is hereby amended
by amending to read as follows:
Sec. 7 -6. Limitations on keeping of animals.
It is hereby declared to be a public nuisance and unlawful
to slaughter, ride, herd-
or drive any animals within the City. It shall also be a pub-
lic nuisance and unlawful to allow, permit keep, maintain,
sell or harbor animals within the city, in violation of the fol-
lowing regulations or without a city permit as provided for
in subsection (8):
Section 2 . Section 7 -6 "Limitations on keeping of
awiw�aie '- animals' of the New Hope City Code is here-
by amended by amending subsection (4) "Fowr to read
as follows:
(4) Fowl. Four or more fowl of any kind or combi-
nation thereof. Fowl means chickens, ducks, geese,
pheasants, turkeys or other domestic, agricultural or wild
fowl. Fowl does not mean roosters and no roosters of any
kind are permitted within the City v this section.
Section 3. Section 7 -6 "Limitations on keeping of
animals -= animals" of the New Hope City Code is here-
by amended by amending subsection (8)(i) "Application"
to read as follows:
i) Application. An application for a permit must con-
tain the following information: (i) the name and address of
the applicant, (ii) the address of the premises upon which
the animal or animals are to be kept, (iii) the number,
species and, except in the case of bees, the sex of such
animal or animals, and (iv) a statement regarding any
property damage or physical injuries caused by such an-
imal or animals in the past. The council may also require
submission of such additional information or material as it
deems necessary or convenient. The applicant must pay
to the city clerk such initial permit fee and renewal permit
fee as shall be established from time to time by council
resolution. Upon submission of the initial application, the
city clerk must set a date for a hearing on the application
before the city council and must notify the owners of all
properties located within &Ag 350 feet of the subject
premises of the date and time of the hearing.
Section 4. Section 14 -7 "Pet Licenses and animal
boarding and impound fees. " of the New Hope City
Code is hereby amended by amending subsection (6)
"Permit to exceed animal limits' to read as follows:
(6) Permit to exceed animal limits. The initial and
renewal permit fees to exceed the limit on keeping animals
set out in subsection 7- 6(8)(i) shall be
. as follows:
i. Initial application - $75.00
ii. Annual renewal - 35.00
Section 5 . Effective Date. This Ordinance shall be ef-
fective upon its passage and publication.
Dated the 14th day of September, 2009.
Kathi Hemken, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope - Golden Valley Sun -Post the
day of , 2009.)
( Sept. 24, 2009) p2 -Ord 09 -14
r
Notary Public
MARY ANN CARLSON
NOTARY PUBLIC — MINNESOTA
MY COMMISSION EXPIRES 1 -31 -14
ir' a
ORDINANCE NO. 09 -15
AN ORDINANCE AMENDING VARIOUS SECTIONS
OF CHAPTER 14 OF THE NEW HOPE CODE
ESTABLISHING LICENSE FEES AND REPEALING
ALL REGULATIONS FOR TAXICABS
The City Council of the City of New Hope ordains:
Section 1 . Section 14 - (1) "Dog, cat and ferret license fee." of the New Hope City Code is
hereby amended by amending subsection a. "Neutered or spayed animals" to read as follows:
a. Neutered or spayed animals - $ 15.00 1 , and unaltered animals -
$ 5. There shall be no fee for cats and ferrets declared "indoor
only" animals by their owners subject to the provisions of subsection 7- 2(l)(c) of
this Code.
Section 2 . Section 14 -7 (1) "Dog, cat and ferret license fee." of the New Hope City
Code is hereby amended by amending subsection b. "Reduced fee" to read as follows:
b. Non -rc rndable Rr tcc fee. l z r pli at en is adc f� a ii Esc T t1y
l _ a ,i, eviy,&[p"j7V "rj Cj'C✓'tiTl �G ULl 13th LLl ly
part -of fl+e—Sft e -per +i + a � r r � � f �� y - 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.
Section 3 . Section 14 -8(2) "Gasoline, diesel fuel and liquefied petroleum gas license fee." of
the New Hope City Code is hereby amended by amending subsection a. 1. "Fee amount. Annually:
to read as follows and by repealing subsection b. "Reduced fee" in its entirety:
a. Fee amount. Annually:
1. $ for each license for gasoline station.
Section 4 . Section 14 -8(5) "Tobacco products sales license fee." of the New Hope City
Code is hereby amended to read as follows:
(5) Tobacco products sales license fee. The fee for a tobacco products sales
license as required in subsection 8 -7(c) shall be $250. a nnuall.is ��s
b.-- Reduee4-f&e-.4 pp �ti� r �j�Z ad€ e a.lic -bti =� n � �dy -1 -mod
-1-
t1 e � � i � � l < 71 1 1 7 F 4th � 4at , 44 4 _ !e�F, v N tt_Rd
c�.ic.iii.�iiti. '.'�c.. t3ti, + e I- - c°�rxinl be vrr��... ��... R. '��
used
+ ivrn rt 1 7 tt 3t1 Afth� 1; " <� t
iie
Section 5 . Section 14 -8(12) "Garbage and refuse collection license fee." of the New Hope
City Code is hereby amended to read as follows:
(12) Garbage and refuse collection license fee. Annual fee amounts for
garbage and refuse collection licenses as required by subsection 8 -14(b)
are as follows:
a. Collectors first vehicle ... $
b. Each additional vehicle of the collector ... $
Section 6 . Sections 8 -5 "Taxicabs and taxicab drivers.", 14-8(3) "Taxicab certificate license
fee " and 14 -8(4) "Taxicab drivers license fee " of the New Hope City Code are hereby repealed in
their entirety
Section 2 . Effective Date. This Ordinance shall be effective January 1, 2010 after its passage
and publication.
Dated the 12' day of October, 2009.
f
Kathi Hemken, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope - Golden Valley Sun -Post the 22nd day of October , 2009.)
P.iATTORN EY`SAS�I CLIENT FILES 2 CITY OF NEtl HOPL:99-R0915 (FEE AMENDMENT', ORD 09- 15D2.DOC
M
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
Richard Hendrickson being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as
GV, NH, Crystal, Pobbinsdale Sun -Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s); it was first published on Thurs-
day, the 22 day of October
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
, 2009; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefg hijklmnopq rstuvwxyz
BY:
CFO
Subscribed and sworn to or affirmed
before me on this 22 day of
October 2009.
U f Notary Public
MARY AN:CARLSON
NOTARY PUBNNESOTA MY COMMISSIOES 131 -14
0.
City of New Hope
(Official Publication)
ORDINANCE NO. 09 -15
AN ORDINANCE AMENDING VARIOUS SECTIONS
OF CHAPTER 14 OFTHE NEW HOPE CODE
ESTABLISHING LICENSE FEES AND REPEALING
ALL REGULATIONS FOR TAXICABS
The City Council of the City of New Hope ordains:
Section 1 . Section 14 -7 (1) "Dog, cat and ferret license
fee." of the New Hope City Code is hereby amended by
amending subsection a. "Neutered or spayed animals "to
read as follows:
a. Neutered or spayed animals - $15.006.99 w4Awally
and unaltered animals - $ 30_004x. There
shall be no fee for cats and ferrets declared "in door
only" animals by their owners subject to the provisions
of subsection 7- 2(1)(c) of this Code.
Section 2 . Section 14 -7 (1) "Dog, cat and ferret li-
cense fee." of the New Hope City Code is hereby amend-
ed by amending subsection b. "Reduced fee "to read as
follows:
b. Non - refundable Redaeed fee.
ref
h8 F8@H!aF 1186H68 fee- No refund shall be made on
any license fee where the license is not used, or is re-
voked or forfeited before the end of the license term.
Section 3 . Section 14 -8(2) "Gasoline, diesel fuel and
liquefied petroleum gas license fee." of the New Hope City
Code is hereby amended by amending subsection a. 1.
"Fee amount. Annually. "to read as follows and by repeal-
ing subsection b. "Reduced fee" in its entirety:
a. Fee amount. Annually:
1. $50.002&-49 for each license for gasoline station.
Section 4 . Section 14 -8(5) "Tobacco products sales
license fee." of the New Hope City Code is hereby amend-
ed to read as follows:
(5) Tobacco products sales license fee. The fee for a to-
bacco products sales license as required in subsec-
tion 8 -7(c) shall be $250.00 annually s as tefiews=
a— FAR AWOHR; is $299,99, aRRHal
ii-
13-
GeRse 48FFR-
Section 5 . Section 14 -8(12) "Garbage and refuse col-
lection license fee." of the New Hope City Code is hereby
amended to read as follows:
(12) Garbage and refuse collection license fee. An-
nual fee amounts for garbage and refuse collection li-
censes as required by subsection 8 -14(b) are as fol-
lows:
a. Collectors first vehicle ... $ 100.00 6 -94
b. Each additional vehicle of the collector . .
$40_0026-44
Section 6 . Sections 8 -5 "Taxicabs and taxicab dri-
vers.", 14 -8(3) "Taxicab certificate license fee "and 14 -8(4)
"Taxicab drivers license fee" of the New Hope City Code
are hereby repealed in their entirety
Section 2 . Effective Date. This Ordinance shall be effec-
tive January 1, 2010 after its passage and publication.
Dated the 12th day of October, 2009.
Kalhi Hemken, (Mayor
Attest:
Valerie Leone. City Clerk
(Published in the New Hope- Golden Valley Sun -Post the
day of _____, 2009.)
(Oct. 22, 2009) p2 -ord 09 -15 fees
ORDINANCE NO. 09 -16
AN ORDINANCE AMENDING SECTION 7 -2 OF THE
NEW HOPE CITY CODE REGULATING THE
VACCINATION, LICENSING AND IMPOUNDING OF ANIMALS
The City Council of the City of New Hope ordains:
Section 1 . Section 7- 2(1)(b.) "Rabies vaccination required." of the New Hope City Code is
hereby amended to read as follows:
b. Rabies vaccination required. All licensed dogs, cats and ferrets must have acuirent
rabies vaccination during the entire license period. To obtain a license a certificate
from a duly licensed veterinarian shall be provided showing that the animal proposed
to be licensed has been given a vaccination for protection against rabies, approved by
the city cleric, in compliance with the standards for rabies vaccinations. If the
application for a license is by mail, the applicant shall include a copy of the current
vaccination certificate with the application.ns- sl c:o �tl
C-uFF rit , } t I +1 v crc cirrca rc rr�l 1 1 f( t t } zlS �H 3l
1
-ir-arrc�cre ; , o#3-s�l�i�l- a�l -i 'c tr i;rri °r`§t$i�
by- the -a{ap- lie- a�- rt- tll�e- kip -t- Wiz. - khan- i- n�aal- r- e�acc��i - € r��c- ��ssaa��- sf� -it
• .,, � - ,� t - a a �i >„ +;,- � • - � •in
�" � �Lrzrccrrrc - aa rcrr -- v �cc; c— H- mccc� cizcr an j ci rc�; rrrt - ,- �i�Ecrro�. pvilV
Section 2 . Section 7- 2(1)(c.) "License and fees." of the New Hope City Code is hereby
amended to read as follows:
c. License and fees. All licenses shall expire en— mar -1—of- each - a-
sinuiltaneoLlslY with the rabies vaccination expiration The fees for licensing and
registration are prescribed by chapter 14. Cats and ferrets may be declared "indoor
only" by their owners at the time of licensing and will receive their license at no
charge. However, if an "indoor only" animal is later impounded
the owner will be required to pay all previously waived license fees
and the : animal will permanently lose its "indoor only" status for future
license fees.
Section 3 . Section 7- 2(2)(a.) "Tag issuance and wearing." of the New Hope City Code is
hereby amended to read as follows:
a. Tag issuance and wearing. Upon payment of the license fee, the clerk shall
provide owner shall be and furnish for each licensed dog, cat or ferret a metallic
tag upon which there shall be stamped or engraved the registered number of the
animal and the words "New
pet the lie a Th e nth s l ei
-1-
Every owner shall be required to provide each animal with a collar to which the
license tag must be affixed, and shall see that the collar and tag are constantly
worn.
Section 4 . Section 7- 2(4)(d.) "Notice." of the New Hope City Code is hereby
amended to read as follows:
d. Notice. Notice of impounding shall be given to the owner of the animal, as
provided in chapter 1. In case the owner is unknown, written notice shall be
posted at the police department,,t=;d six o d- i, h<
ws: %:'.,,,
.Hi l;�
s,
g9 T FF d gg r
1 #t °1
_. ._ ... —
f....��. *_
P i t
s '
x
„%.i #;s.S,., ,.4
Section 5 . Section 7- 2(5)(a.) "Destroyed or sold." of the New Hope City Code is hereby
amended to read as follows:
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 ,.. ti �? �. t the poundlceeper and the remains shall
be disposed of as directed by said laboratory.
Section 6 . Section 7- 2(7)(b.) "Effective period of vaccine." of the New Hope City Code is
hereby amended to read as follows:
—2—
b. Effective period of vaccine. To be accepted, a certificate must show on its face
4ia- -the effective vaccination pcl , rio&44,i cwt
li yea . 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
follows the guidelines in the Compendium of Animal Rabies Control issued by
the National Association of State Public Health Veterinarians, Inc.
Section 7 . Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 9"' day of November, 2009.
athi Hemken, Mayor
n ,
Attest: L�
Valerie Leone, City Clerk
(Published in the New Hope - Golden Valley Sun -Post the 19th day of November _ ' 2009)
P 4TTORNE} \SNS'..)CLIENT FILES 2 CITY OF NE\5'HOPE \99- 80919`.ORD 09 -I6D2. DOC
—3—
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
Financial Officer of the newspaper(s) known
as
GV, NH, Crystal, Robbinsdale Sun -Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for - one successive
week(s); it was first published on Thurs-
day, the 19 day of November__
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the day of
2009; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefghijklmnopgrstuv,
City of New Hope
(Official Publication)
ORDINANCE NO. 09 -16
AN ORDINANCE AMENDING SECTION 7 -2 OFTHE
NEW HOPE CITY CODE REGULATING THE
VACCINATION, LICENSING AND IMPOUNDING OF
ANIMALS
The City Council of the City of New Hope ordains:
Section 1. Section 7- 2(1)(b) "Rabies vaccination re-
quired." of the New Hope City Code is hereby amended to
read as follows:
b. Rabies vaccination required. All licensed dogs, cats
and ferrets must have a current rabies vaccination
during the entire license period. To obtain a license a
certificate from a duly be
prcr r1: d shoving the -ll It � gnin - tl _1 to be r-
cew,ed has been given a , = =accination for protection
anainst rabies approved by the city clerk. in complf-
ance *2 Inc standurds lot rabie ' .aceination. If tho
application for a license is by mail, the applicant shall
include a copy of the current vaccination certificate
with the application.
+..
s easa- f3eFied-
Section 2, Section 7- 2(1)(e.) "License r,ndfee.s." of the
Nev Hope City Code is hereby amended in read as tol-
lo "vs:
:. License and fees. All licenses shall expire ea- BeeeFR
69F ;4 of eaelwi year simultaneously with the rabies
vaccination expiration. The fees for licensing and reg-
istration are prescribed by chapter 14. Cats and fer-
rets may be declared "indoor only" by their owners at
the time of licensing and will receive their license at
no charge. However, it an "indoor only" animal is later
impounded or found to be running at large. the owner
will be required to pay all previously waived license
fees and the wq19eaaded animal .will permanently lose
its - indoor only" status for future license fee,.
tleotion 3- Section 7- 2(2)(a.) Tig r sr anccand uear-
r „r ?f the New Hope City Code is hereby amended to
t cad as follows:
a. Tag icsuanco and wcauntt Upon pa,.�rnent of the 11-
can. fee. the clerk shall provide wuner stmil be and
furnr h for each licensed dog cat or ferrot a metallic
tag upon which there shall be st mr = ?d or enpi,a red
the registered number of the animal and the �:vordF.
New H,pe`,.
Every ovmer hall be rc;-
quired to provide each animal with a collar to vvhwh
Inc, license tag must be affixed, and ,hall see that the
collar send tag arc constantly worn.
Se tion44. Section 7- 2(4)(d.) "Notice.' of the New
Hype Cite Code is hereby .amended to read as follon•s:
d. Notice. Notice of impounding shall be given to the
o,vner of the animal, as provideed In chapter t In cias,i
the owner is unknown, written notice shall be posted
at the police department and the records will be main-
tained in accordance with (<.flinn, Statt 835 71. 4;I;e a+4
� Ja �, G e Ike p6GIIRg G
;he REAige,
fie - - - - - -' —
e€ p ^ • ! _ e deg of
(ether animal) --- .___ -- tA
- - - - - --
09�9{�
e'eleele _ 1e . en the __ diy of
ef as PFG'Aded by the 94y 99de,
Section 5. Section 7- 2(5)(a.) "Destroyed or sold.” of
the New Hope City Code is hereby amended to read as
follows:
a. Destroyed or sold. The animal may be destroyed or
sold, prcr =idcd that such animal shall not be sold for
less than the aggregate amount of fens:, abo,,. All an-
mals =which appear in the judgment of the pets under
police security (PUPS) poundkeeper to be suffering
L om rabies or affected with hydrophobia, shall not be
released but shall be 48e4 euthaniz0 by the pound -
keeper and the remains shall be disposed of as di-
rected by said laboratory.
Section 6- Section 7- 2(7)(b.) "Effective period of vac-
cine." of the Ne Hope City Code is hereby amended to
read as follows:
b. Effective period of vaccine. To be accepted, a certifi-
cate must show on its face t+aF the e feat e vaccina-
tion >( e6o
Neaase— year. All vaccinations and boosters are
deemed to be effective for the shortcr of the effective
per ;cid stated in the certificate of vaccination or the pe-
riod recognized by the State of Minnesota Board of
Animal Health. which currently Poll ,us the guidelines
in the Compendium of Anim�d H it,es Control issued
by the National A ct State Public Health Vet-
erinarians, Inc.
Section 7. Effective Dar;. This Ordinance chafl be ef-
fective upon its passage and publication.
Dated the 9th day of November. 2009-
Kathi Hemken. Mayor
Attest
Valerie Leone, City Clerk
(Published in the New Hope - Golden Valley Sun -Post the
— _ -- day of _- -___ —. 2009)
(Nov. 19. 2009) p2 -Ord 09 -1u
3Y::Z__, , 4 4CF
Subscribed and sworn to or affirmed
before me on this 19 day of
November , 2009.
ORDINANCE NO. 09 -17
AN ORDINANCE AMENDING CHAPTER 14
OF THE NEW HOPE CITY CODE INCREASING
RENTAL PROPERTY REGISTRATION AND HOUSING
PROPERTY MAINTENANCE INSPECTIONS FEES
The City Council of the City of New Hope ordains:
Section 1 . Section 14 -2(10) "Rental property maintenance fee" of the New Hope City Code
is hereby amended to read as follows:
(10) Rental property registration fee. The annual fee amounts for the rental property
registration required by section 3 -31 of this Code shall be determined according to the following
fee grid:
TABLE INSET:
Rental Units in
Annual Registration Fee
Annual Registration Fee
Building
(Best Practices participant only)
Single- family
$74,4072,50
N/A
Two- family
$444A0
N/A
Three or more
$ .4144 per building plus
$74.072.50 per building plus
$20.00 for every unit therein
$11.00 for every unit therein.
Double fee. If registration is not made within the time set forth in section 3 -31, the fee shall
double as required by subsection 3- 31(e)(5) of this Code.
Point -of- conversion inspection fee is $1, 000.00. This is a one time fee for the conversion of
a dwelling unit to rental usage per section 3- 31(e)(7) of this Code.
Section 2 . Section 14 -2(11) "Housing property maintenance inspection fee" of the New
Hope City Code is hereby amended to read as follows:
(11) Housing property maintenance inspection fees. Fee amounts for the housing property
maintenance inspection required by sections 3 -30, and 3 -32 of this Code are as follows:
Single- and two - family residences, condominiums and townhouses (initial inspection and first
reinspect) per dwelling unit ... $440 00 145.0 1
Multiple residences with three or more units (initial inspection and
first reinspect)
1 st unit each building ... 4- 441:4105
Each additional unit. . . 15:00
Reinspection after first reinspect -- Single- family and multiple residences per hour (one hour
minimum) ... 47-.00$
—1—
Section 3 . Effective Date. This Ordinance shall be effective upon its passage and publication
on January 1, 2010.
Dated the 26` day of October, 2009.
t
Kathi Hemken, Mayor
Attest: /J
Valerie Leone, City Clerk
(Published in the New Hope - Golden Valley Sun -Post the 5th day of November , 2009.)
P.ATTORNEYSAS \l CLIENT FILES@ CITY OF NEW HOPE \99- 8091710RD 09- 19Dl.DOC
—2—
City of New Hope
a
1
•
STATE OF MINNESOTA )
)SS.
COUNTY OF HENNEPIN )
Richard Hendrickson being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as GV, NH, Crystal, Robbinsdale Sun -Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s); it was first published on Thurs-
day, the 5 day of November
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
2009; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefg hijklmnopgrstuvwxyz
BY: C/` �.
4 CF
Subscribed and sworn to or affirmed
before me on this 5 day of
November 2009.
7
J� 9
ddd Notary Public
MARY ANN CARLSON
NOTARY PUBLIC – MINNESOTA
MY COMMISSION EXPIRES 1.31 -14
(Official Publication)
ORDINANCE NO. 09 -17
AN ORDINANCE AMENDING CHAPTER 14
OFTHE NEW HOPE CITY CODE INCREASING
RENTAL PROPERTY REGISTRATION AND HOUSING
PROPERTY MAINTENANCE INSPECTIONS FEES
The City Council of the City of New Hope ordains:
Section 1 . Section 14 -2(10) "Rental property maintenance fee" of the New Hope City Code is hereby amended to
read as follows:
(10) Rental property registration fee. The annual fee amounts for the rental property registration required by section
3 -31 of this Code shall be determined according to the following fee grid:
TABLE INSET:
Rental Units in
Building
Single- family
Two - family
Three or more
Annual Registration Fee
$x&89
$448 98 145.00
$449.99 per building plus $20.00 for every unit therein
Annual Registration Fee
(Best Practices participant only)
N/A
N/A
$8-8972_50 per building plus
$11.00 for every unit therein.
Double fee. If registration is not made within the time set forth in section 3 -31, the fee shall double as required by sub-
section 3- 31(e)(5) of this Code.
Point -of- conversion inspection fee is $1,000.00. This is a onetime fee for the conversion of a dwelling unit to rental
usage per section 3- 31(e)(7) of this Code.
Section 2 . Section 14 -2(11) "Housing property maintenance inspection fee" of the New Hope City Code is hereby
amended to read as follows:
(11) Housing property maintenance inspection fees. Fee amounts for the housing property maintenance inspection re-
quired by sections 3 -30, and 3 -32 of this Code are as follows:
Single- and two - family residences, condominiums and townhouses (initial inspection and first reinspect) per dwelling unit
. $#49,99
Multiple residences with three or more units (initial inspection and first reinspect)
1 st unit each building ... 44Q-9
Each additional unit ... 20.00
Reinspection after first reinspect — Single- family and multiple residences per hour (one hour minimum). . . 4W 99 50.00
Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication on January 1, 2010.
Dated the 26th day of October, 2009
Kathi Hemken, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope - Golden Valley Sun -Post the day of __ ____, 2009.)
(Nov. 5, 2009) p2 -Ord 09 -17
ORDINANCE NO. 09 -18
AN ORDINANCE AMENDING SECTION
9 -11(i) OF THE NEW HOPE CITY CODE
REGARDING COMPOSTING REGULATIONS
The City Council of the City of New Hope ordains:
Section l . Section 9 -1 l (i) "Permitted composting /regulations" of the New Hope City Code
is hereby amended to read as follows:
(i) Permitted composting /regulations: Composting of certain yard re fuse w-astes as defined by
1 -2 O this Code and . or ve e.ta )l ; waste, egg shells and c offfec rounds- shall be permitted
above ground in a controlled area per the following regulations allowing for the decomposition
of the materials through an aerobic process providing adequate oxygen and moisture. At no time
shall composting create a health hazard or a nuisance to adjoining properties.
a. Location. Compost sites may not be closer than five feet from any rear or side property line,
may not be located in any front yard or side yard abutting a public right -of -way, may not be
located in any drainage easement, and may not be closer than 25 feet from any residence.
b. Size. No compost may exceed 25 square feet in area or exceed four feet in height.
c. Number of sites. No lot may contain more than one compost site.
d. Cotitainnient. All compost sites must be totally contained within a stricture- constructed of a
permanent, rnorndegrading material in a manner which allows the circulation of air and is vistially
complementary to a lot's principal structure.
e. Herbicide /pesticide use. No compost may be treated with any kind of herbicides or
pesticides.
f. Composition. A compost may otlly consist enb - of yard -west rel:use, tiuit or vc� t.table s�ste,
S
U U, hCl(s_ ter coftCC generated from or o riginatiria at the site upon which the
- .
___. _
compost is located. No other refuse or was 914ted to, fi:uit 01. Vegeta
} ;<ast-e L maybe composted.
Section 2 . Section 1 -2 "Definitions" of the New Hope City Code is hereby amended by
amending the definition of "Compost sites " to read as follows:
CoJnpost sites shall mean locations on residential property for the controlled biological
decomposition of yard astetJe fruit oretal�le ^waste. eT <a7 Shells Or cc?,f'.fcc
in a manner resulting in an innocuous final product.
—1—
Section 3 , Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 23rd day of November , 2009.
Kathi Hemken, Mayor
1 1_412
Attest:
Valerie Leone, City Clerk
(Published in the New Hope - Golden Valley Sun -Post the 3rd day of December
P ATTORNEY`.SASH CLIENT FILES': ? CITY OF NEW HOPE' ' 30915(COMPOSTING)`.ORD NO. 09 -IS DZ.DOC
2009.)
—2—
CIFqu
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
Richard Hendrickson being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as G V, NH, Crystal, Robbinsdale Sun -Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspapers)
once each week, for one successive
week(s); it was first published on Thurs-
day, the 3 day of December
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the day of
, 2009; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefghijklmnopgrstuvwxyz
� -
CFO
Subscribed and sworn to or affirmed
before me on this 3 day of
December 2009.
City of New Hope
(Official Publication)
ORDINANCE NO. 09 -18
AN ORDINANCE AMENDING SECTION
9 -11(i) OFTHE NEW HOPE CITY CODE
REGARDING COMPOSTING REGULATIONS
The City Council of the City of New Hope ordains:
Section 1 . Section 9-11 h) "Permitted composting1teg-
ulations' of the New Hope City Code is hereby amended
to read as follows:
(i) Permitted composting /regulations. Composting of
certain yard refuse wastes as defined by 1 -2 of this Code
and fruit or vegetable wast egg shells and coffee
grounds shall be permitted above ground in a controlled
area per the following regulations allowing for the decom-
position of the materials through an aerobic process pro-
viding adequate oxygen and moisture. At no time shall
composting create a health hazard or a nuisance to ad-
joining properties.
a. Location. Compost sites may not be closer than five
feet from any rear or side property line. may not be locat-
ed in any front yard or side yard abutting a public right -of-
way, may not be located in any drainage easement, and
may not be closer than 25 feet from any residence.
b. Size. No compost may exceed 25 square feet in area
or exceed four feet in height.
c. Number of sites- No lot may contain more than one
compost site.
d. Containment. All compost sites must be totally con-
tained within a structure constructed of a permanent, non -
degrading material in a manner which allows the circula-
tion of air and is visually complementary to a lot's princi-
pal structure.
e. Herbicide:pesticide use. No compost may be treated
with any kind of herbicides or pesticides.
I. Composition. A compost may only consist ealy of
yard waaterefuse fruit or vege table \waste eggs hells or
coffee grounds generated saly from or originating at the
site upon which the compost is located. No other refuse or
waste ,
may be composted.
Section 2 . Section 1 -2 "Definitions" of the Nev Hope
City Code is hereby amended by amending the definition
of "Compost sites "to read as follows:
Compost sites shall mean locations nn residential
property for the controlled biological decomposition of
yard wasterelLs o_ e etable v t aste et Lsh ells
or coffee grounds in a manner resulting in an in-
nocuous final product.
Section 3 . Effective Date. This Ordinanc = -z shyvII be Ef-
fective upon its passage and publication.
Dated the 23rd day of November, 2009.
Kathi Hemken, Mayor
Attest: __ ___ _ _
Valerie Leone, Cit Clerk
(Published in the New Hope - Golden Valley San -Post the
day of — - - - -._ . 2009.)
(Dec. 3, 2009) p2 -ord 09 -18d2 compost
ORDINANCE NO. 09 -19
AN ORDINANCE INCREASING SANITARY SEWER,
STORM SEWER AND WATER RATES FOR 2010
The City Council of the City of New Hope ordains:
Section 1 Section 14- 50(2)(a) " Metered water sewer rates; adjustment of the New Hope
City Code is hereby amended 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 $5 5.50
per month plus $3-.-5-3 for each 1,000 gallons of water consumption over and
above the initial 1,000 gallons. An additional separate surcharge of $:44.46 per 1,000
gallons of water consumption shall be added to the rates to defray the charges and
costs of corrective action needed for the treatment of inflow and infiltration of storm
water to the sanitary sewer system as imposed by the Metropolitan Council
Environmental. Services Division. 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 through March; sewer charges for all 12 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
each individual month 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 . Section 14- 50(10)(b) " Water rates of the New Hope City Code is hereby
amended to read as follows:
b. Water rates. Water bills shall be concurrent with sewer billings. The rate for
water furnished to consumers by the municipal water system incorporates a
"conservation rate structure" required by Minn. Stat. §103G.291 and shall be as
follows: Th ni mon l b w ill b $6 f or- o ae h me plus $3 . 85 fe
eaeb 1,000 gallons of eensumption aver- and above the initial 1,000 gallons r-eeorded
on , t f or- th e mon
1. Base Fee. A charge of $6.03 oer month shall be m ade to every water account.
This charge defrays administrative and billing costs of the City. $0.53ofthe
minimuffl F n thl y ,.hargo this base fee is assessed by the Minnesota
Commissioner of Health and shown on the billing statement as a
miscellaneous charge This ,.,,afg authorized by Minn. Stat. § 144.3831.
2 Residential usage charge The following charges in addition to the base fee,
will be made monthly to each residential account according to water usage:
i 1 — 10,000 gallons: $4.05 per 1,000 gallons
ii. 10 001 — 20 000 gallons: $4.40 per 1 gallons
iii. Over 20,000 gallons: $4.95 per 1,000 gallons
3 Commercial and Institutional usage charge. The following_ charges, in
addition to the base fee will be made monthly to each commercial and
institutional account according to water usage:
i All water usage except lawn irrigation: $4.15 per 1,000 gallons
i ii Separately metered lawn irrigation: $4.95 per 1,000 QalIons
Section 3. Section 14- 50(11) " Stormwater utility rate. of the New Hope City Code is
hereby amended to read as follows:
(11) Stormwater utility rate. Pursuant to Minn. Stat. § 444.075 and subsection 5- 3(f)(2) of
this Code, a monthly charge per residential equivalent factor (REF) assigned to a land
parcel shall be billed to the owner or occupant of each parcel of property in New
Hope. The purpose of said charge is to pay for the repair, improvement, maintenance
and operation of the municipal stormwater drainage system. Said charge shall be
determined as follows:
a. Single- and two - family
residential parcels
per REF ... $6:14
b. All other residential,
commercial and industrial parcels
per REF ... $9:46
Section 4 . Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 14` day of December, 2009.
'
Kathi Hemken, Mayor
Attest: ,' -L l.t �?
Valerie Leone, City Clerk
(Published in the New Hope - Golden Valley Sun -Post the 24 day of December, 2009.)
PAAttomey`SAS \1 Client Riles \2 City of New Hope199 -8 0 9 1 9 (increase sewer water rates 2010) \ord. 09 -19 increasing w -s rates 2010.doc
2
r
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Richard Hendrickson being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as
GV, NH, Crystal, Robbinsdale Sun -Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s); it was first published on Thurs-
day, the 31 day of De _
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the day of
2009; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefghijklmnopgrstuvvvxyz
CFO
City of New Hope
(Official Publication)
ORDINANCE NO. 09 -19
AN ORDINANCE INCREASING SANITARY SEWER,
STORM SEWER AND WATER RATES FOR 2010
The City Council of the City of New Hope ordains:
Sectio 1. Section 14- 50(2)(x) " Metered water sewer
rates adjustment of the New Hope City Code is hereby
amended to read as follows:
a. Metered water sewer rates: adjustment. For all
premises where the sewer rate is based upon me-
tered water, the fees shall include a minimum charge
of $§-Q per month plus $3 -g33.65 for each 1,000
gallons of water consumption over and above the ini-
tial 1,000 gallons. An additional separate surcharge
of $-44.46 per 1,000 gallons of .cater consumption
shall be added to the rates to defray the charges and
costs of corrective action needed for the treatment of
inflow and infiltration of storm water to the sanitary
sewer system as imposed by the Metropolitan Coun-
cil Environmental Services Division. For single -fami-
ly 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
charge for all 12 months shall be determined by av-
eraging the gallonage of water metered during the
winter months between December through March;
provided, however, that the gallons charged for each
individual month 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 . Section 14- 50(10)(b) " Water rates of the
New Hope City Code is hereby amended to read as fol-
lows:
b- Water rates. Water bills shall be concurrent with
sewer billings. The rate for water furnished to con-
sumers by the municipal water system incorpor a
"conservation rate structure" required by Minn. Stat.
B103G.291 and shall be as follows: ZPi@ a;+a
tea: tl MAP*
1_ Base Fee A charge of $F O er mo nth sha be
Made to every-water acc defray:;
administrative an billina _costs of th {_City. $0.53
of this base fee is
assessed by the Minnesota Commissioner of
Health and shown on the billing statement as a
miscellaneous charge. T-kir 81�eipqq is authorized
by Minn. Stat § 144 3831.
'?,_ Re_ILiential usage_ch �e_The fc,llna ^ =ing_ teary.,
in ad dition to the se fe ^mil be m :a�o mo nthly
to e ach residential a a ror ing to water
54.15 p , 1 _OUO iallpnS
il_ Separately metered _ l -i n irn ration-
, 4.95 Oar 1 g allons
senior 3. Section 14- 50(11) r It `'s'
e' of the New Hope City Coda i; hereby amended to
mad as follows:
(11) Stormti ater utility rate. Pursuant to Minn. Slat.
444.075 and subsection 5- 3(I)(2) of this Code. a
monthly charge per residential equivalent factor
(REF) assigned to a land p a r c e l
shall be billed to the owner or occupant of each par-
cel of property in New Hope. The purpose of said
charge is to pay for the repair, improvement, mainte-
nance and operation of the municipal storm,,vater
drainage system. Said charge .,hall be determined a_=
follows:
a. Single- and two- family residential parcels
per REF ... $6.30
Is. All other residential, commercial and industrial
parcels per REF ... $946945
Section 4 . Effective Date. This Ordinance shall be ef-
fective upon its passage,: and pubiication.
Dated the 14th day of December, 2009.
Kathi Hemken, Mayor
Attest:
Vale Leone, City Clark
(Published in the New Hope - Golden Vahey Sun -Past the
_ day of December, 2009.)
(Dec. 31, 2009) p2 -ord 09 -19 w -s rates