7. zoning Ordinance to clarify Zoning Administrator as Planning Director I 7
•
C I TY of ________.
I i
i
1
' ' cHANHAssEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
G
I MEMORANDUM
TO: Don Ashworth, City Manager D _- S"/-I/.
FROM: Paul Krauss, Planning Director
..... c S. •-_;t. .
IDATE: May 1, 1991 5-&-V/
SUBJ: Zoning Ordinance Amendments Pertaining to the Title of
Zoning Administrator
I
PROPOSAL/SUMMARY-
.' Zoning code enforcement is generally a fairly mundane, but
important, component of the planning process. The code enforcement
I mechanism allows the city to ensure that ordinances are being
complied with over long periods of time. It also provides a
measure of control over properties that are not requesting any
particular development approvals from the city. Code compliance
I items stemming from the zoning code cover a very large variety of
issues. These could include structures that are illegally placed
on the property, businesses operating out of homes, illegal signs,
I illegal filling of wetlands or grading that causes unacceptable
disturbances and a variety of other issues.
I Due to the high rate at which Chanhassen has been developing and
lack of available staff time, the Planning Department's primary
focus has been on day to day short and long range planning issues,
with the result that code compliance concerns have often taken a
I back burner. Approximately 3 years ago, most of the code
compliance functions became the responsibility of the Public Safety
Department. This responsibility meshed reasonably well with other
I non-zoning code compliance issues in which they are involved which
includes such matters as animal control, nuisance violations and
building code violations. Public Safety has been able to develop
a sophisticated administrative procedure for handling complains.
I The process has worked well but with the combination of the Code
Enforcement Officer and the Public Safety Director position, their
staff is being stretched to handle the responsibilities.
IOver time it has become evident that a strong Planning Department
role in zoning code enforcement is essential. What we have found
1 is that Planning Staff is involved in these cases on an ongoing
II
IIZOA Regarding Zoning Administrator
April 11, 1991
Page 2
Ibasis in any event. This is necessarily the case since it is the
Planning Staff that is most familiar with the zoning ordinances and
I since we are normally involved in responding to these issues as
they develop. Our response normally includes visiting the site,
conducting a code compliance review, contacting the property owners
to request compliance, responding to complaints received by other
Ineighbors, documenting problems and, failing to obtain voluntary
compliance, pursuing the matter with legal action as appropriate.
Under the current organizational setup, the handling of some cases
I became confused and resulted in additional time and a lack of
coordination due to that fact that responsibility for the matter
bounced back and forth between the Planning Department and Public
I Safety Staff. Finally, on the smaller percentage of cases that are
litigated or are issued citations, under the current organizational
setup, only the Public Safety Director, Community Service Officers
and Zoning Administrator are authorized to act. The ordinance
I currently designates the City Manager as the Zoning Administrator.
Due to his other responsibilities he cannot devote the required
time .to these matters.
IRecognizing this problem and seeking to respond to it, I held
several meetings with Scott Harr, the Public Safety Director, to
I work out the most efficient method of responding to these issues.
What we agreed upon is that the Planning Department Staff will be
responsible for all complaints and violations pertaining to the
zoning ordinance and the grading ordinance. Public Safety Staff
I will be responsible for all other complaints and violations. Both
departments will be working together to develop a common
computerized data base and follow through program so that our
I efforts to pursue these matters will be coordinated. I have
attached a copy of an article from the Zoning News which relates to
the issues and procedures pertaining to zoning code enforcement.
I The article is fairly well developed and illustrates appropriate
follow up methodologies which we will be incorporating into our
process. Copies of materials developed by Public Safety are
attached. These will continue to be utilized as appropriate.
IPLANNING COMMISSION ACTION
I On April 17, 1991, the Planning Commission unanimously recommended
approval of the ordinance amendment.
STAFF RECOMMENDATION
IStaff is recommending that the City Council approve first reading
of an amendment to Section 20-1, Definitions, to state that the
IZoning Administrator means Planning Director.
I
I
ZOA Regarding Zoning Administrator I
April 11, 1991
Page 3
ATTACHMENTS •
1. Ordinance amendment.
2. Article regarding zoning enforcement.
3 . Public Safety materials.
4. Planning Commission minutes dated April 17, 1991. '
I
1
1
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
' ORDINANCE NO. 145
AN ORDINANCE AMENDING CHAPTER 20 OF THE
' CHANHASSEN CITY CODE, THE ZONING ORDINANCE,
CONCERNING THE DESIGNATION OF THE ZONING ADMINISTRATOR
' • The City Council of the City of Chanhassen ordains:
Section 1. The definition of "Zoning Administrator" in
Section 20-1 of the Chanhassen City Code is amended to read:
' Zoning Administrator means Planning Director or Designee.
' Section 2. This ordinance shall be in full force and effect
from and after its publication according to law.
' Passed and adopted by the City Council this day
, 1991.
ATTEST:
1 .
' Don Ashworth, City Manager Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on ) .
I/
e, --- Ce5
DECEMBER 1990
•
'f AMERICAN F.1 ',
PLANNING
ASSOCIATION
1
Making Zoning Enforcement Effective ,
For many zoning administrators,illegal conversions are a ,."� 1
nightmare.By the time they are discovered,property owners ` i •
have invested considerable money,and they often refuse to f - 1 1 1 • NC eT
undo them voluntarily,forcing the city to take them to court. �� -' 7 _ t 8 R
As the proceedings drag on,the inspection staff spends ` _l 4 .1 ,
valuable time documenting each case. Meanwhile,the ' .:Xf
offenders may apply political pressure for rezoning to 'fCT '. .,e�;e t legitimize the infraction. 1..1 Can enforcement be made easier?Prevention is one cure. _ y it trmt'
II V
$ C 4 i II° it 1 a
Connie B.Cooper,former planning director of Shelby Z �A gee e ;,� lal
t t- ,I 1 ...MINA.1t-
County,Alabama,and now a consultant in Birmingham,notes u , P >;!e • ,
that her staff reviewed all building permit applications before i y r -le 1 e 1 e ■ ',4
the building department issued permits. She points out that h Z 1 e II�; ' ! -` �ll'i
conversions often require electrical or structural permits. a,:- y i�4 I e , ' - I
Reviewing the applications for such permits allows zoning f .0. ac.,. ,
..-...54,, .1, , 11-,...._, +, .i_ 0111 _-
inspectors to identify illegal conversions before work begins. a A, is
• •But illegal conversions occur anyway. Douglas Crandall, (i!1.I 4 _�',
zoning administrator for Albuquerque,New Mexico,notes ..-•� •i e • �� t. a
that properly trained building inspectors can t some 1 , E!e
P Pe Y g Pe Po ,. %�{ . i z ,-s
obvious clues,such as newly installed utility meters or •t� : , !,,, y _
additional names on mailboxes.Crandall's department trains a .r` '_I!'1" --' ! ; . .r "i:a a
i .cc # :s
new building inspectors(who are in another department)in a r . ."e111.:..----- ' -' =--��_rte
"mini boot camp,"a training session where they learn to A s� :,�! t t ti',.V...-.' , .. :-- - �:
-L'j i T f I r.; flow" 4-,,:z-
identify
these telltale signs so they can inform zoning t= �,, ,�'
inspectors of possible violations. F 4 j
The nature of illegal conversions will vary,depending on the ' - = a;
community. Shelby County,a rapidly growing area just south �.
of Birmingham,had until recently been largely rural. Most -�
illegal conversions,Cooper says,involved home occupations ,% ,,' -,&,-
__
� y
not permitted in residential areas.In Albuquerque,a growing 4r
western city,conversions often involve homeowners seeking Not all zoning enforcement cases are as dramatic as the fight over 108
rental income to relieve financial stress.But in Iowa City, E. 96th St.in Manhattan(center).New York City officials say the
according to building and zoning director Douglas Boothroy, building was illegally built 12 stories taller than the site's zoning
homeowners converting illegally are usually seeking to profit would allow.
from a tight student housing market at the University of Iowa.
Eric Damian Kelly,dean of Iowa State University's College of zoning inspectors,with the same status as entry-level planners
Design,notes that resort communities often face similar and the opportunity to move from zoning administration to the
problems when housing becomes unaffordable for resort planning department.The result,Crandall says,is a planning
employees. staff that is"tuned in"to the realities of enforcing the
Several years ago,Iowa City succeeded in streamlining conditions required in,for example,new subdivisions.At the
court procedures for enforcement actions.Boothroy drafted a same time,according to Crandall,the planner-inspectors are
bill,which the legislature enacted in 1986,to decriminalize also more knowledgeable about zoning than people whose __
zoning violations and give trial courts power to order prior experience is limited to building inspections.
abatement by the owner.(See the October 1986 Zoning News.) Kelly,however,emphasizes the interaction between
Boothroy says that enforcement actions that used to take more planners and the inspection staff.He suggests that planners
than a year now are completed within four months. involved in a particular development check and approve those
elements on a site plan that are not on the building inspector's
The Right Stuff normal checklist,but"would not have a planner doing xs,
Ultimately,zoning enforcement depends on a good inspection inspections full time."He adds that inspection staff input is '.
staff.What makes a good inspector?Both Crandall and Kelly essential in drafting an enforceable ordinance."If you're going °`''
agree that the best zoning inspectors may actually be planners, to rewrite your ordinances,"he says,"include your
though they differ on how to allocate staff time.In enforcement and administrative staff from the beginning." sz-
Albu uer ue,Crandall seeks to hire trained planners as Albuquerque has eight full-time zoning inspectors covering
q q P P� g -;°
a city of 500,000 people and 160 square miles. Smaller "the system will interrelate all types of applications."Boothroy
communities,note Boothroy and Cooper,inevitably have prefers computer files because"in paper format, if a file is out,
smaller staffs and less flexibility in allocating resources. it's more difficult to answer questions."He adds that,when
Boothroy's department handles both building and zoning files are closed out,they are microfilmed,with a log sheet on
inspections,.and his building inspectors are his"eyes and ears" the cover,detailing the parcel's permit history,plus all
for zoning violations.They get"very basic"training in inspections and telephone calls.The log sheet saves time,he
identifying such violations as illegal parking areas and notes,because inspectors do not have to"dig through all the
overoccupancy.Iowa City has one full-time zoning inspector. paper."
Boothroy says he does not want"to send two or three people to
the same property. That creates a lot of confusion,and lets a Is Your Staff Adequate?
violator play off one inspector against another."Boothroy adds The problem of staffing is a double-edged sword.It is not only
that"we need to elevate the standards for employment.The important to have enough well-trained people to handle the
inspector must understand the planning perspective." work load in your community,but it is also important,as
Cooper says her resources were even more constrained, Kelly notes,to include these people in discussions about any
with a planning staff of five in a county of 80,000 people.As a new regulatory responsibilities they are expected to undertake.
result,the planner who reviewed a project was also The complexity of the regulations matters at least as much as
responsible for follow-up inspections. the size of the community and the number of parcels involved.
Most important,all these people agree,is that inspectors Crandall suggests that inspectors should devote about 20
have good people skills.Boothroy looks for a positive attitude percent of their time to proactive enforcement. His staff
that will allow an inspector to handle people effectively and accomplishes this by choosing a different topic for
minimize citizens'irritation and confrontations with city hall. enforcement each month.In that way,Crandall adds,"you
Zoning administrators seem to agree that signs and historic show consistency of enforcement."If the target of proactive
preservation districts pose special problems for enforcement, inspections is signs,everyone's signs are being checked.
though historic districts often tend to be self-policing because Crandall's staff includes three people devoted to geographic
residents have a strong property interest in their neighbors' areas,one sign specialist,and others concentrating on
compliance.Boothroy notes that Iowa City has a separate residential or business zoning or junk cars.Two are
historic preservation commission that handles those issues. troubleshooters.To avoid the tedium that goes with
Crandall says that Albuquerque assigns one of its zoning overspecialization,and to keep all the inspectors familiar with
inspectors specifically to signs.Kelly's advice on sign all facets of the department,the responsibilities are rotated.
. regulations:Keep them short and simple.The more complex To get adequate staffing,Cooper says,"you must build a
the regulations become,the less chance there is that they will constituency."Cooper,who was fired this spring in a Shelby
be effectively enforced—or understood—by the inspectors. County political squabble,notes that local developers and real
estate agents protested her firing because"what they really
But Where Are the Records? wanted was a level playing field,and we had consulted them in
As important as the quality of personnel is the efficiency of the drafting our regulations."The best way to get the support you
record-keeping system. Kelly prescribes a parcel-based filing need,Cooper says,is to explain to the planning commission,
system, whether computerized or on paper,as the only elected officials,and the development community"why you do
effective means to track all conditions that apply to a particular what you do. Don't assume that they already know." J.S.
property.The goal is to keep the various conditions and
restrictions that apply to the parcel from falling between the
enforcement cracks. Every file should contain all the
information an inspector needs to know about the property Impact Fees on the Rise
involved.Everything must be assigned to someone for
enforcement,and those tasks must be integrated into an overall A survey by the Growth Management Studies center at the
administrative system,such as the cross-checking of permits University of Florida found that the use of impact fees is
used in Shelby County. spreading and that the amount charged is also rising.The study
Of course, in any large community,when constructing such documented impact fees in 1988 and 1990 in 33 jurisdictions
a system from scratch,it is nearly impossible to include all across the country. (See Tables 1 and 2.)
records immediately. However,every new transaction(for According to the study,the average impact fee for residential
example,sale of property,building permit,or rezoning)offers uses has increased by 39 percent since 1988.The average fee
an opportunity to add a parcel's complete records to a system. for each single-family home is now$3,001.The fees help cover
Albuquerque, Crandall notes,"originally had very poor files." the costs of roads,parks,public facilities,police,fire,
In a variation of Kelly's recommendation,his department uses libraries,and schools.Impact fees for water and sewer
a system based on addresses rather than parcel numbers.But facilities pushed this amount up to$5,729.The average fee for
water was$1,261 and for sewers was$1,467.
the files contain"everything"and are organized by type of
permit,such as business licenses,sign permits,and building Increases in fees for other uses were equally significant.
permits. Inspectors are required to consult those files to see Industrial development fees experienced an 80 percent
what previous action was taken on the parcel.This helps them increase,meaning that the average fee is$968 for each 1,000
determine what type of enforcement is most appropriate. square feet in a facility.The average office development impact
Albuquerque is still working with paper files,though fee per 1,000 square feet of floor area went up 50 percent to
Crandall says that computerization would help by making it $2,165,far outstripping fee increases for retail development,
easier to purge old records. Iowa City is further along, which rose only 17 percent to$3,321.But retail uses have
according to Boothroy.Some computerization is already in historically been hit with higher fees than any other use,
place,and the rest is to be completed within six months.The ' especially for road improvements and construction.For that
files will also include inspectors'notes from site visits,and reason,the comparably low increase could simply mean that
2
the burden is being spread more evenly. During the same facilities suffered average losses of 11 percent for single-family •�
period,however,retail prices increased by approximately 10 homes and 11 percent for retail.There was also a decline of
percent.Thus,impact fees are increasing at a rate far in excess seven percent in impact fees assessed retail uses for police
of consumer prices.Water and sewer impact fees for these protection.It is interesting to note that retail impact fees _II
three categories of uses were also surveyed,but,because of a declined for both of these services.
tremendous variation in the fees charged,no generalizations The highest impact fees are found in California,specifically
could be made about overall changes. in Orange County,California,where road impact fees alone
Looking at some of the fees in detail,fire protection seems to are frequently over$5,000 for a single-family home. Other
have benefited the most. Fees covering those services saw southern California communities levy impact fees in excess of
average increases of 78 percent for single-family homes, 162 $15,000 per single-family home. S.L.
percent for industry, 198 percent for offices,and 217 percent I
for retail uses.The local park systems received a boost with
single-family homes experiencing a 136 percent increase in the
average park impact fee. Cracking Down on
The average road impact fee showed a substantial increase of Drug Houses ; '
53 percent for single-family homes.Industrial development
experienced the greatest increase in road impact fees-87 Traditionally,nuisance laws have been used to rid a
. percent.Road impact fees for office and retail development neighborhood of noisy and polluting industries or of ,
rose 49 percent and 14 percent,respectively.The relatively low agribusinesses that produce a sweet,swinish air.Today, I
increase in road impact fees for retail projects contributed however,police,planners,and community activists are using
significantly to the overall low increase for retail development nuisance laws to attack a different kind of obnoxious business: _
impact fees. drug traffic.
1
While these services benefited from increases in fees,public Two years ago,the Denver city council passed an ordinance
declaring drug houses public nuisances.Since then,whenever
the police make a drug arrest at a home,they pass on this
Table 1.1988 National Averages for Impact Fees,by Type information to the zoning department.Zoning officials,in - ,
General General General turn,cite the building owner for permitting a public nuisance.
Single-Family Industry, Office, Retail, This encourages owners to boot offending tenants onto the
Home Per Per Per street.
Type of Impact Fee Per Unit 1,000 sq.ft. 1,000 sq.ft. 1,000 sq.ft. Critics correctly point out that this tactic only interrupts
Road $1,009 $427 $1,230 $2,526 drug trade temporarily,until the dealer can set up shop
elsewhere.However,Denver zoning officer Kent Strapko
Parks 223 no fee no fee no fee notes that the ordinance prevents dealers out on bail from
Public Facilities 107 33 82 130 doing business until the court date because they need to spend I
the time packing and hunting for an apartment.It is becoming
Police Protection 51 49 79 111 so inconvenient to sell drugs in Denver that some dealers are
Fire Protection 76 29 50 70 leaving town. I
Library 90 no fee no fee no fee There are other criticisms.Representatives from the
American Civil Liberties Union say that using the nuisance
Schools 606 no fee no fee no fee law punishes people without due process.There are fewer
TOTAL $2,162 $537 $1,441 $2,837 constitutional protections in civil cases than in criminal cases. Ill
Source:James C.Nicholas with Kellie Ruscher,-impact Fees on the Rise;Growth If building owners want a hearing after being ordered to evict a
Management Studies Newsletter,June 1990,1. tenant,they must take the case to court.An evicted tenant may
request a hearing as part of the eviction process.
Denver has one of the country's more agressive anti-crack
house nuisance programs,but other communities are
Table 2.1990 National Averages for Impact Fees,by Type following suit.In Cook County,Illinois,for instance,a pilot -
General General General program,the Narcotics Nuisance Abatement Unit,was
Single-Family Industry, Office, Retail, successfully used to shut down drug houses in two Chicago
Home Per Per Per police districts. Now the program is being expanded to include -
Type of Impact Fee Per Unit 1,000 sq.ft. 1,000 sq.ft. 1,000 sq.ft. the rest of the city and some Chicago suburbs.
Road $1,547 $800 $1,840 $2,881 In Chicago,the information that a house might be a nuisance '
does not come from the police.The state's attorney's office
Parks 526 ' no fee no fee no fee operates a telephone line to accept complaints that a building is __.
Public Facilities 95 37 87 115 being used to sell drugs.Calls come from neighborhood
Police Protection 53 55 89 103 organizations and individuals tired of illegal activity on their
street. -
Fire Protection 135 76 149 222 The Nuisance Abatement Unit's primary aim is to get '
Library 86 no fee no fee no fee Chicago-area building owners to evict problem tenants
Schools 559 no fee no fee voluntarily.If they do not,or if they have participated in the
drug dealing,the state's attorney's office will bring criminal or
TOLL $3,001 $968 $2,165 $3,321 civil charges against the owner.Uncooperative landlords not
only run the risk of going to jail or paying fines,but their i
Source:James C.Nicholas with Kellie Ruscher,Impact Fees on the Rise:Growth buildings can also go into receivership.In these cases,it is
I
Management Studies Newsletter,June 1990,2. unclear whether the courts will simply board up the buildings
3 :_,1
or rent them to new tenants and use the profits for antidrug
- _ programs. 1990 Zoning News Index
Pursued correctly,the untraditional use of an old law could Administration
<_ prove to be an effective tool in the struggle to rid Criteria for Rezonings March
neighborhoods of drug activity.But zoning administrators and NYC Sets Ratio for Fair Distribution of LULUs October
`FF", other government officials need to be careful.In Macon, Adult Uses
.'- • Georgia,a U.S.district judge ruled that authorities had been Supreme Court Strikes Down Licensing of Adult Uses February
overzealous when they evicted a woman from a public housing Enforcement
-4. project at the same time she was being arrested for selling Cracking Down on Drug Houses December
`; Making Zoning Enforcement Effective December
--.,2_ cocaine. Even though the due process requirements are looservironmental Protection
:•-' in civil actions than in criminal cases,tenants must still be
r y given the opportunity to defend themselves against an unfair Court Upholds Big Penalty in Wetlands Case March
A Good Tree Preservation Ordinance May
eviction. C K Improving City Street-Tree Codes May
Using Land-Use Measures to Promote Recycling November
Ethics
"`'. Maybe The Weren't Rezoning in the Sunshine(Lee County,Fla.,disclosure law) September
y y Exclusionary Zoning
Convinced After All A Looming Mount Laurel in New York? June
s Federal Programs
In the July 1990 issue,the lead story,"Fireworks, A Directory of Selected Federal Land-Use Programs June
First Amendment
=.,,fit Farmstands,and Concerts—Summer's Here,"indicated that
# Bakkers'TV Studio/Church Challenged August
ti,-;-Ai sound experts testifying at hearings concerning the new World g g
"• Floodplain Regulations
i- '"R Music Theatre in Tinley Park,Illinois,"were successful in FEMA Announces New Rating System for NFIP Communities April
s
'1'''.;"i convincing the neighboring communities that the noise would Hugo Makes Changes to South Carolina's Tough Beach
y*e;.'- be minimal."Janet R. Muchnik,city manager of neighboring Management Law August
Country Club Hills,good-naturedly begs to disagree. She tells Growth Management
_ =
I
HELLO!!! I
Just a Friendly Reminder That
O You need house numbers. I
0 Your weeds/lawn need to be cut. -
- 0 Outside sbrage of your is not permitted.
0 Your dog was barking.
0 You were watering on the wrong day.(Chanhassen has an Odd/Even sprinkling
system) 1
0 Crime Prevention Tip:
D Other:
O Comments:
I
Issued By. Date:
I
If you have any questions, please call the Chanhassen Public Safety Department.
Thank you for your efforts b comply with the Chanhassen City Code.City of Chanhassen,
937-1900.
I
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�.nrinnr o.n.maM YUriLiL bAt'h'1'Y
COMPLAINT FORM
1 DATE RECEIVED
RECEIVED BY
REVIEW DATE
I LIPLA I NANT
'LAST I - 1 FIRST I MIDDLE I 1 DOB
STREET NUMBER I J STREET NAME I APT#
IITY I 1 STATE I 1 ZIP I f PH# HOME
PH# WORK I
TYPE OF COMPLAINT
.
Animal Debris Storage Bldg. Code Fire Code Noise
II__ Criminal Complaint Parking Traffic Nuisance, Misc.
Other
LOCATION OF COMPLAINT
1UBJECT.
r i -- FIRST MIDDLE i.. - — --
DOB I
ITREET NUMBER
l I STREET NAME I APT# I r
I
IT I ) STATE I ZIP 1 .1 PH# HOME I
. PSI# ORK W .-.1
I
TION TAKEN/COMMENTS ( INCLUDE DATE)
I
I
TION TAKEN: DISPOSITION:
ADVISORY LETTER 9 . REFERRED TO: A. VOLUNTARY COMPLIANCE
ilCERTIFIED LETTER a . CCSO B. ACTION PENDING
CERTIFIED NOTICE b. Eng. Dept. C. NO FURTHER ACTION
PHONE CALL c. Utility Dept . D. COURT REFERRAL
5. IN-PERSON MEETING d . Street Dept. E. OTHER
IIWARNING TAG e . Other _
CITATION ISSUED 10 . OTHER
8 . REFERRED/CITY ATTY.
(date) entered into computer
CITY OF
C ANIIASSEN
\ - 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 '
Date:
NOTICE
To: '
To the owner, lessee, agent, or occupant of the above described premises:
You are hereby notified that at your premises located at
and used as a I
the following conditions were found to exist in violation of the Chanhassen City
Code: ,
YOU ARE HEREBY ORDERED TO HAVE THIS CONDITION(S) CORRECTED BY: '
NOTICE OF COMPLETION SHALL BE MADE IN WRITING TO: Code Enforcement Officer,
City of Chanhassen, 690 Coulter Drive, Chanhassen, MN 55317. Failure to
comply with the foregoing orders may render you liable to penalties of said ordi-
nance. In reply, please refer to inspection No.
Very truly yours, i
Scott Harr ,
Assistant Public Safety Director/
Code Enforcement Officer
cc: Elliot Knetsch, Office of the City Attorney
CITYOF
— CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317-
(612) 937-1900
A WORD ABOUT CODE ENFORCEMENT IN THE CITY OF CHANHASSEN. . .
Nobody likes to be told what to do. . . especially on their own
property! However, there are instances in which people are not
aware of what the law is, or have not had an opportunity to
comply with it, and that is when the City gets involved. Our
goal is always to obtain voluntary compliance, but we would like
to take this opportunity to explain code enforcement in the City
of Chanhassen.
' WHAT IS THE "CITY CODE"?
A number of laws (ordinances ) passed by the Chanhassen City
I Council, similar to state statutes, but made specifically by and
for our City.
' WHAT ISSUES DOES THE CITY CODE DEAL WITH?
While state statutes deal with criminal law, etc. , a city code is
developed to reflect the specific needs of a particular city.
Such issues as animal control, noise regulations, noxious weeds,
building regulations, zoning regulations, and fire inspections
are all issues that cities regulate in particular ways to meet ,
their needs .
' WHO ENFORCES THE CITY CODE?
The Chanhassen Department of Public Safety is charged with
enforcing our City Code, in cooperation with our City Attorney.
' HOW IS THE CITY CODE ENFORCED?
' Actually, we do not want to have to enforce it! Our goal is
always to seek voluntary compliance of the code . Once someone is
made aware of a violation, more often than not, they are happy to
remedy it.
' If enforcement does become necessary, however, we are given tools
with which to work . The Chanhassen City Council has made any
' violation of City Code a criminal misdemeanor. As such, a viola-
tion could result in a maximum penalty of 90 days in jail and/or
a $700 . 00 fine . It would also be possible for the City to seek
1 _
I
IS THIS A DIFFICULT ACTION FOR THE CITY TO TAKE? I
YES ! Frequently, people notify the City because they are afraid,
for whatever reason, to confront a neighbor or violator directly.
Most often it is because they know they will be upset ! So, we
frequently have people upset at us, too. Also, what seems a very
upsetting violation to one person, may not be to another .- And,
many complaints are generated out of difficulties that neighbors
have in getting along together . All in all, code enforcement can
be a most challenging opportunity!
IS CHANHASSEN DIFFERENT THAN OTHER CITIES?
Of course, we think it is. better! In addition, the City of
Chanhassen is unique because it is growing at such a rapid pace .
The fact that a basically rural community is quickly becoming
suburban causes perspectives, and sometimes tempers, to be dif-
ferent.
We try our best to help everyone see the varying
perspectives present .
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
We greatly appreciate the time you have taken to read this note .
We hope that it helps you understand Code Enforcement in the City
of Chanhassen. If you have any questions, please feel free to
call the Department of Public Safety at 937-1900 . I
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Planning Commission Meeting
April 17 , 1991 - Page 28
' Emmings : Anything else Joan?
Ahrens: I could go along with a plan for emergency access . However , I
don 't know , I still don 't know if we should be in a position of trying to
keep everybody off of a public road so that nobody is able to drive through
there except for the people that live there. I mean I don't know if it 's
that big of a problem. I mean you said we should give them , give staff
' direction or have them take some action to decrease the traffic on that
road .
' Emmings: Well it 's the traffic that 's shooting over from the end of Valley
View that is doing it intentionally and using it as a turn around to go
back out . That 's a problem.
Ahrens: I don 't see how we can ever prevent anything like that . Put a
gate up?
' Emmings: You ought to look at it and try to figure out something because
that 's a terrible problem . But anyway , for those of you who want to follow
this up to the City Council , it will be front of the City Council on May
13th . And you should .
1 Resident: Do you know what time?
' Emmings: Well , talk to them . The meeting starts at 7:30 but . Okay , May
6th .
PUBLIC HEARING:
ZONING ORDINANCE AMENDMENT TO CLARIFY ZONING ADMINISTRATOR AS PLANNING
DIRECTOR.
Emmings: I don't think we need to have a staff report on this. It 's
pretty straight forward . Does anybody have any comments on this? Oh wait .
' It 's a public hearing. Is there anybody here that wants to comment on
this?
' Conrad moved, Emmings seconded to close the public hearing. All voted in
favor and the motion carried. The public hearing was closed.
Conrad: I like the idea. I think it's great.
' Ahrens: I didn't know that you weren't already the Zoning Administrator .
To tell you the truth.
' Krauss: I don't think that Don Ashworth knew that he was. It was one of
those quirky things and the ordinance has ,been around forever .
Erhart moved, Conrad seconded that the Planning Commission recommend
approval of an amendment to Section 20-1 , Definitions, to state that the
Zoning Administrator means Planning Director. All voted in favor and the
motion carried unanimously.
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PRESERVING THE BLUFF CREEK WATERSHED
Bluff Creek meanders from Chanhassen woods and
' upland farms to the Minnesota River wetlands through a
small but dramatic valley characterized by steep cliffs ,
' sheltered terraces , tributary hollows, and rolling
meadows. This fertile watershed supports various plant
and animal communities typical of both midwestern prairies
' and northern forests, and exists here essentially apart
from and largely undisturbed by surrounding commerce and
' human habitation. However, the natural splendor of this
native wilderness cannot survive the overwhelming pressure
' from present development of the region without specific
protection. Therefore , in accordance with the Chanhassen
' Comprehensive Plan, we urge the people of this community
to establish Bluff Creek as a wild sanctuary so that the
special beauty of this scenic resource may continue to
' flourish and be enjoyed for generations to come .
Presented May 6, 1991, to the Chanhassen City Council.
' Erik Roth Perry Dean
225 W. 15th St . #412 1074 13th Ave. SE
' Minneapolis 55403 Minneapolis 55414
874-9831 331-9228
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