Peterson City Attorney Greg Schieber, of Nethercut Schieber Attorneys, was present at the October 10 council meeting to discuss a draft ordinance for the regulation of public nuisances within the city. The goal of the ordinance has been to provide in-depth definition of city guidelines and to give the city a wider array of options for dealing with non-compliance. The city has been dealing with a number of properties in non-compliance and has received little to no action from some property owners.
“What you have isn’t very comprehensive. This merits something more with a broader array of remedies or greater compliance,” said Schieber.
One specific frustration for the city has been inoperable, non-registered vehicles sitting on properties and in some cases, in public right-of-way. The ordinance clearly states where they can be and what the penalty will be if they are not dealt with by property owners. That penalty, based on a compounding fee scale could be steep and the council is hoping that if this ordinance is passed, it will inspire property owners to take action immediately.
The draft includes black and white definition of the terms, “building,” “inoperable,” “residential property,” and “vehicle.” Schieber specifically noted that vehicles must be both operable and registered to the property resident and that structures such as carports, hoop sheds, and large tents are not considered allowable buildings in which they may be kept. Vehicles include trailers, boats, tractors, all-terrain vehicles, golf carts, but does not include snowmobiles, lawnmowers, or scooters.
Prohibition of parking in certain areas has been narrowed to include 11 specific bullet points, which include on grass and sidewalks. “It’s meant to make clear rules,” added Schieber. “They’ll be clearly in violation.” The section on prohibition also limits vehicle repair on street to only minor repairs, with removal of the vehicle within 24 hours.
Section 4 of the draft further defines unlawful parking and storage. Unless it complies with guidelines, a property may have no more than six vehicles, even operable and registered, parked outside on a driveway. The number of vehicles presented something of a challenge for the council; originally, the draft listed four vehicles, but councilors debated that a family with four drivers and no garage may not meet ordinance guidelines, despite needing the vehicles.
“It must be owned by a person who resides on the property to limit what’s there to what really needs to be there,” noted Schieber.
On the penalty part, he further noted the city is looking for ways that are more effective and opted to include graduating and compounding fines as opposed to letters, lawsuits, or criminal citations. If a property owner receives a citation from the city for a vehicle and does not voluntarily pay the fine, the amount due will eventually be assessed to property taxes each November. Schieber is also reviewing possible future amendment to the draft which could include towing and impounding or moving non-compliant vehicles on private property, but at this time, it’s not a part of the draft ordinance.
“It’s not as clear cut as when on public property,” said Schieber. “You can always amend at a later date, but you would have to give more due process. There would be extra steps, so you couldn’t just do it on a whim.”
Penalty fees, however, are applied to all vehicles in non-compliance, whether on public right-of-way or private property. Each non-compliant vehicle may be issued a citation as a separate offense and may be cited multiple times over the set timeline. “If they don’t respond, you could keep hitting them with it,” added Schieber.
The fees proposed by Schieber were ultimately deemed too low by the council. Should the draft pass in November, each non-compliant vehicle is a $50 citation the first time. After the grace period, if the vehicle remains, the second per vehicle citation is $75. After the second grace period, the per vehicle citation would be $100. Every subsequent citation will continue to increase $25 from the previous citation fine. For a property cited with four non-operable vehicles, within just a short time, could be facing over $900 in fines.
The timeline, too, caused some discussion among the council, with some feeling 30 days to rectify the cause of a citation was too long, particularly if property owners do not pay the fines. “We’re trying to strike a balance between being clear and not too heavy handed. There are lots of questions raised; what are the appropriate rules and what fits the community”
“We’re concerned with ones that are sitting out all the time, 24/7,” said Mayor Tim Hallum. “It’s getting to the point, will the fine, the first one out the gate, scare them enough to do it?”
Councilor Loren Rue stated 30 days was very generous and instead suggested that if fines are paid in 30 days property owners are taken to court. However, Clerk Chris Grindland countered the aim is to encourage compliance with fines rather than spend money on lawsuits. “We’ll see if it works, if not, we follow the abatement part of the law and start towing vehicles,” suggested Grindland.
“We’re using money as a mechanism to motivate them to comply, inspire compliance,” added Schieber. “At some point, it’s better for them to comply and pay voluntarily, than to pay through taxes. After time, there are tools still available such as a petty misdemeanor or judge’s order.” The council agreed the first citation would come with 30 days to rectify the problem. If it persists, another citation would be given with just 15 days time after it and each following citation.
“This method doesn’t cost the city anything,” added Grindland.
“Yes, it does,” responded Rue. “It costs the taxpayers.” Rue notted declining property values and problems selling properties. “There is a price which is being paid by certain individuals. There is a cost, not to the city from a point of general fund dollars, but there is a cost.”
“A lot of citizens are getting upset that we’re not going any farther,” said Hallum.
“This is not the council coming down on the citizens,” added Rue. “This is some citizens, by their non-action, forcing this ordinance.”
“We tried and it just didn’t work,” said Hallum.
Councilor Gail Boyum suggested that notice to residents of the enforcement date and a public awareness campaign may help mitigate some of the problem before citations are given.
The final draft of the ordinance will be ready for the November meeting and, if passed, will be effective January 1.
In other news, garbage collection rates are being raised $3 per month, effective October 21. The current rates do not provide enough revenue to cover costs and the fund is currently operating at a loss. Raising the rates will create an annual profit of just $1,082. It was noted the goal of the fund is only to generate enough for costs, not to increase city revenue.
The next regularly scheduled council meeting is Wednesday, November 14, at 6 p.m., at city hall. The public is encouraged to attend.
Leave a Reply