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Ordinance 361CITY OF CHANHASSEN • CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO.361 AN ORDINANCE AMENDING CHAPTER 17 CHANHASSEN CITY CODE, STREETS AND SIDEWALKS THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 17-17 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) No person shall excavate, dig, tunnel or ditch in or under any street, alley, public ground or public easement without first obtaining a permit from the city and paying the fee established by resolution for the permit. An excavation permit is not required of a licensed plumber who has secured a permit for the installation of water or sanitary sewer services or an individual sewage treatment system. (b) Each application for permit shall be made in writing on a form furnished by the city. • (c) Each permit for an excavation shall be issued in writing and shall be kept on the site of the work while it is in progress, in the custody of the individual in charge of the work. The permit shall be exhibited to any city official upon request. (d) Unless the applicant has in force the bond required of licensed plumbers, or unless otherwise waived by the city council, a surety bond in the amount of two thousand dollars ($2,000.00) shall be required from each permit applicant. Such bond shall be conditioned that the applicant shall perform the work in accordance with this article and all applicable regulations. Section 2. Section 17-22 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Precautions shall be exercised at all times for the protection of persons and property. The safety provisions of applicable laws and building and construction codes shall be observed; machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the OSHA 29 CFR Safety Program published by the Library Specifications Book to the extent that such provisions are not in conflict with applicable law. Section 3. Section 17-23 of the City Code, City of Chanhassen, Minnesota, is hereby is amended to read as follows: • (a) Installation of pipe and utility conductors under Portland cement concrete, asphalt concrete, or other high -type bituminous pavements shall be done by jacking, augering or tunneling as directed by the city engineer unless otherwise authorized by the city council. When this type of installation is made, a city -approved casing of larger dimension shall be used to sleeve or encase the service pipe or conductor. (b) When excavating in an improved road, each class of excavated material shall be piled separately. When removing pavement of Portland cement concrete, asphalt concrete or high -type built-up bituminous surfacing, the pavement shall be removed a distance of nine (9) inches beyond the trench width and length, in order to provide a shoulder and solid foundation for surface restoration. (c) For minor utility (individual gas, electric, phone, cable, etc.) no open cutting of the street will be allowed. (d) Excavations and jacking pits shall be bermed when unattended to prevent entrance of surface drainage. (e) All back -filling shall be placed in six-inch layers at optimum moisture and compacted to achieve one hundred (100) percent of AASHTO density. Compaction shall be accomplished with hand, pneumatic or vibrating compactors as appropriate. Backfill material shall be class 5 as per state highway department specifications, or better if • required by the city. Compacted backfill shall be brought to street grade and crowned not more than one (1) inch at the center. If settlement occurs or excavation fails within two (2) years from completion date requiring replacement of the roadway surface, the excavation backfill material and the surfacing shall be replaced by the city at the expense of the permittee. • (f) City approval shall be required for any construction anchors or braces within the boulevard or on the shoulders. Vehicular driving onto the boulevard or shoulders from the roadway shall be regulated as required by circumstances. The method of construction and type of machine excavation shall receive prior approval of the city. (g) Excavations wider than four (4) feet shall not be permitted without special authorization. Street traffic shall be maintained unless provided otherwise by the permit provisions. No lugs damaging to roadway surfaces shall be used on equipment. Dirt or debris tracked or spilled onto the street surfacing shall be periodically removed during construction to prevent accumulation. (h) Street surface and roadside shall be cleaned after completion of construction and shall be left in a neat and presentable condition. (i) After all construction and clean-up has been completed, the permittee shall notify the city within twenty-four (24) hours to this effect and shall request inspection and 2 preliminary acceptance of the work. Proper "As built" plans, as required by the city • engineer, shall be submitted prior to acceptance. Section 4. Section 17-31 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: General standards. All buildings moved into or within the city shall comply with the following: (1) Minnesota State Building Code. (2) The building is well maintained and in a good state of repair as determined by the Building Official. (3) Chapter 20 of the City Code, City of Chanhassen, Minnesota. Section 5. Section 17-41 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: No one may move a building into or within the city except upon issuance of a permit issued by the city and from all regulating agencies. • Section 6. Section 17-42 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) A person required to obtain a permit by this division shall file an application with the city, accompanied by a fee in the amount established by resolution. (b) The application shall be referred to the city building official for approval. Section 7. Chapter 17, Article III, Section 17-43 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 8. Section 17-44 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The city shall approve a permit pursuant to this division subject to such reasonable conditions as may be appropriate if the standards set forth above are met. If the building does not satisfy the requirements for a permit, the city may issue a permit on condition that the building is brought into compliance within a reasonable period of time as determined by the city. The city may further condition approval upon the applicant furnishing a letter of credit satisfactory to the city sufficient to cover the necessary work to bring the building into compliance. is • • Section 9. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding an Article to be numbered Chapter 17, Article IV, which shall read as follows: Snow and Ice Removal Sec. 17-50. Snow and ice removal from sidewalks. a. Purpose. The purpose of this section is to require the owners or occupants of real property to maintain public sidewalks abutting their property to prevent a public nuisance affecting the safety of the general public. b. Responsibility for Removal of Snow and Ice. It shall be unlawful for the owner or occupant of real property to fail to remove snow and ice from sidewalks abutting their property within twelve (12) hours after the snow and ice has been deposited. c. Special Assessments: After giving the owner or occupant of real property not in compliance with this section two (2) days advanced written notice of noncompliance, the may cause the snow or ice to be removed and may assess the cost against the property owner in accordance with Minnesota Statutes Section 429.101. d. Penalties: 1) Any person who violates this section shall be guilty of a petty misdemeanor and shall be punishable by a fine of up to one hundred dollars ($100.00). 2) A separate violation occurs each day that a violation hereunder continues. Section 10. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 8`h day of December, 2003, by the City Council of the City of Chanhassen, Minnesota odd Gerhardt, City Manager Thomas A. Furlong, (Summary Ordinance Published in the Chanhassen Villager on December 25, 2003) . CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO.361 AN ORDINANCE AMENDING CHAPTER 17 OF CHANHASSEN CITY CODE STREETS AND SIDEWALKS. The purpose of this code amendment is to permit the moving of buildings administratively, rather than by city council action and add Article IV addressing the responsibility of adjacent property owners for the removal of snow and ice from sidewalks. A printed copy of Ordinance No. 361 is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 8th day of December 2003, by the City Council of the City of Chanhassen. CITY OF CHANHASSEN 0 Todd Gerhardt, City Manager/Clerk (Summary Ordinance Published in the Chanhassen Villager on December 25, 2003). 0 Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) CITY OF CHANHASSEN- CARVER AND HENNEPIN Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized COUNTIES, MV NNESOTA agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- SUMMARY OF ORDINANCE lager and has full knowledge of the facts herein stated as follows: NO. 361 AN ORDINANCE AMENDING (A) These newspapers have complied with the requirements constituting qualification as a legal CHAPTER 17 OF CHANHASSEN newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as CITY CODE amended. STREETS AND SIDEWALKS. The purpose of this code amendment (B) The printed public notice that is attached to this Affidavit and identified as No. is to permit the moving of buildings was published on the date or dates and in the newspaper stated in the attached Notice and said administratively, rather than by city Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of council actionandaddArticleIVa*liessing the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both the responsibility of adjacent property inclusive, and is hereby acknowledged as being the kind and size of type used in the composition owners for the removal of snow and ice and publication of the Notice: from sidewalks. A printed copy of Ordinance No. 361 abcdefghijklmnopgrstuvwxyz is available for inspection by any person during regular office hours at the office of % the City Manager/Clerk.�- �B„ PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this Laurie A. Hartmann 8th day of December 2003, by the City Council of the City of Chanhassen. CITY OF CHANHASSEN Subscribed and sworn before me on Todd Gerhardt, City Manager/Clerk (Published in the ChanhassenVillager on Thursday, December 25, 2003; No. 4065)� - -- �5day this of �_2003 v10TARY PUBLIC MINNESOTA My Commission Expires Jai. 31, 20Q5 Notary Public RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $21.00 per column inch Maximum rate allowed by law for the above matter ................................ $21.00 per column inch Rate actually charged for the above matter ............................................... $10.63 per column inch