The URL can be used to link to this page

Home My WebLink About2008-02 Supplement Old Pages Debra Mangen 4801 West 50`h Street Phone 952 826-0408 City of Edina Edina, MN 55424 Fax 952 826-0390 Memorandum TO: Edina Code of Ordinance Users FROM: Debra Mangen, City Clerk DATE: December 18, 2008 RE: Code Supplement 2008-02 1 am sending you the newest update for your Edina City Code book, Supplement No. 2008-02. This supplement contains the ordinances adopted by the Edina City Council through December 2, 2008. Some pages have also been updated correcting outdated reference. Please replace the following pages as noted: Section 185-Schedule A—Replace entire section 2009 Fees, updated by Ord. No. 2008-10 Section 215.16—Replace entire section, updated by Ord. No. 2008-08 Section 705—Replace entire section, updated by Ord. No. 2008-09 Section 1055—Replace entire section, outdated reference updated Feel free to contact me with any questions regarding this supplement or Edina's Code. I would also like to note that the City's Code can also be found on our web site at www.ci.edina.mn.us.And please be sure to let me know if you spot an error so it can be corrected with the next supplement. Thanks! CC: City Council City of is General Code Provisions and Administration 11 - Schedule A SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT 200 200.04 Public Dance Permit 53.00 215 215.04 Bingo Occasion, Gambling Device, 15.00 per permit Raffle Permit 220 220.04 Machine or Amusement Device License 15.00 annually per establishment, plus 15.00 per machine 225 225.04 Special Events Application Fee 50.00 300 300.02 Subd 2 Redemption of Impounded Animals 30.00 per day for feeding&care, any veterinarian services and impounding fee of: 40.00 a) If animal has not been impounded within one year prior to the date of impounding 65.00 b) If animal has been impounded once within the year prior to the date of impounding 115.00 c) If animal has been impounded twice or more within one year prior to the date of impounding 300 300.02 Subd 3 Disposal of Animal 40.00 per animal 300 300.03 Subd. 3 Dog License 15.00 per dog 10.00 per neutered dog Late charge after March 1 10.00 300 300.03 Subd. 4 Duplicate Dog License Tag 6.00 per duplicate tag 300 300.04 Subd. 2 Commercial Kennel License 55.00 per year 300 300.15 Permit for Extra Dogs or Cats 100.00 405 405.01 Landscaping, Screening, or Erosion 100.00 Control Site Plan Permit 410 410.02 Subd. 1 Building Permit If total valuation of work is: Then amount is: $ 1 to 500 23.50 * 501 to 2,000 23.50 * for first$500 plus 3.05 for each additional $100 or fraction thereof to and including$2,000 2,001 to 25,000 69.25 * for first$2,000 plus 14.00 for each additional $1,000 or fraction thereof to and including$25,000 25,001 to 50,000 391.25 *for first$25,000 plus 10.10 for each additional$1,000 or fraction thereof to and including$50,000 50,001 to 100,000 643.75 *for first$50,000 plus 7.00 for each additional$1,000 or fraction thereof to and including$100,000 100,001 to 500,000 993.75 * for first$100,000 plus 5.60 for each additional $1,000 or fraction thereof to and including $500,000 500,001 to 1,000,000 3,233.75 *for the first$500,000 plus 4.75 for each additional$1,000 or fraction thereof to and including$1,000,000 1,000,001 and up 5,608.75 *for the first$1,000,000 plus 185-2 (Effective 1/1/08) Suoulement 2007-06 City of Edina General Code Provisions and Administration 185.01 - Schedule A SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT 3.65 for each additional$1,000 or fraction thereof *plus surcharge pursuant to M.S. 16B.70 Plan Review 65% of Permit Fee 410 410.02 Subd. 2 Other Permit Related Fees 49.00 per hour or the total hourly cost to City, whichever is greatest. (includes supervision, overhead, equipment, hourly wages and fringe benefits of employees involved) 410 410.02 Subd. 3 Residential Building Contractor, 5.00 surcharge pursuant to M.S. 326.86 Remodeler or Specialty Contractor License Verification 415 415.02 Permit for Moving of Building 212.00 415 415.02 Subd. 3 Indemnity Deposit for Damages 530.00 unless licensed by Commissioner of Transportation Sustained by Moving of Building 421 421.03 R-O-W Work Annual Registration 200.00 421 421.04 R-O-W Excavation Permit Administrative 75.00 Fee Per Additional Excavation-Paved Area 35.00 Per Additional Excavation-Unpaved Area 20.00 Underground Utility/Telecom Installation 45.00 per 100 L. Ft. - Directional Boring or Tunneling (Plus Minimum Permit Fee) Underground Utility/Telecom Installation 60.00 per 100 L. Ft. -Open Trenching (Plus Minimum Permit Fee) Overhead Utility/Telecom Installation 5.00 per 100 L. Ft. (Plus Minimum Permit Fee) 421 421.07 Subd. 3 Street Surface Repair 50.00 Per square foot under 10 square feet 40.00 Per square foot from 10-25 square feet 35.00 Per square foot over 25 square feet 430 430.03 Subd. 8 Installer's Licenses: Oil Burner; Stoker; 55.00 Steam or Hot Water Heating, Mechanical Warm Air Heating and Air Conditioning; Refrigeration, and Gas Piping Installers 435 435.07 Gas Piping Permit; Oil Burner, Stoker, Minimum Fee: Steam or Hot Water Heating, Mechanical 22.00 Residential-plus surcharge pursuant to M.S. 1613.70 Warm Air Heating and Air Conditioning; 27.00 Commercial-plus surcharge pursuant to M.S. 1613.70 or Refrigeration Permit Fee Calculations: $0 to 1,000 16.00 *plus 3.10% >$ 500 1,001 to 5,000 31.50 *plus 2.60% > $ 1,000 18 (Effective 1/1/08) Suoo t 2007-06 City of E General Code Provisions and Administration 185.0 chedule A SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT 5,001 to 10,000 135.50 *plus 2.15% > $5,000 10,001 to 25,000 243.00 *plus 1.85% > $10,000 25,001 to 50,000 520.50 *plus 1.65% > $25,000 50,001 and over 933.00 *plus 1.30% > $50,000 *plus surcharge pursuant to M.S. 16B.70 435 435.07 Subd. 1 Other Permit Related Fees 49.00 per hour or the total hourly cost to City, whichever is greatest(includes supervision, overhead, equipment, hourly wages and fringe benefits of employees involved 440 440.04 Plumbing or Water Conditioning Permit Minimum Fee: 15.00 Residential -plus surcharge pursuant to M.S. 16B.7 27.00 Commercial - plus surcharge pursuant to M.S. 16B.70 Fee Calculations: $0 to 300 15.00 $301 to 700 15.00 * plus 1.75% >$ 300 $701 to 1,000 22.00 * plus 3.10% >$ 700 1,001 to 5,000 31.50 * plus 2.60% > $ 1,000 5,001 to 10,000 135.50 *plus 2.15% > $5,000 10,001 to 25,000 243.00 *plus 1.85% > $10,000 25,001 to 50,000 520.50 *plus 1.65% > $25,000 50,001 and over 933.00 *plus 1.30% > $50,000 *plus surcharge pursuant to M.S. 16B.70 440 440.04 Installation or Testing of RPZ Backflow 27.00 Preventers 440 440.04 Subd. 1. Other Permit Related Fees 49.00 per hour or the total hourly cost to City, whichever is greatest. (includes supervision, overhead, equipment, hourly wages and fringe benefits of employees involved.) 445 445.08 Surcharge for Prohibited Connection to 100.00 per month Sanitary Sewer 450 450.05 Swimming Pool Construction Same as the fees for a building permit (See 410.02 Subd.1, fees) 450 450.27 Subd. 4 Public or Semi-Public Swimming Pool 470.00 per year for each enclosed pool (partial or all of the year) License 300.00 per year for each outdoor pool 450 450.27 Subd. 4 Public or Semi-Public Whirlpool Bath or 165.00 per year for each bath or pool Therapeutic Swimming Pool License 460 460.06 Subd. 1 Sign Permit 80.00 460 460.06 Subd. 1 Courtesy Bench Sign Permit 15.00 per year 460 460.06 Subd 6 Sign Variance Fee 200.00 Residential Property 400.00 Commercial Property 185-4 (Effective 1/1/08) Supplement 2007-06 City of Edina General Code Provisions and Administration 185.01 - Schedule A SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT 475 475.03 Subd. 1 Parking Ramp License 125.00 per year 605 605.05 subd.l Operational Permits Required by MSFC 49.00 Per hour with a minimum 1 hour fee. (Includes supervision, code review, Section 105.6. inspections, overhead, hourly wages and fringe benefits of employees involved) 605 605.05 subd. 1 Construction Permits Required by MSFC Section 105.7 except for those covered in City Code Section 625 If total valuation of work is: Then amount is: $1 to 500 24.70 *minimum fee 501 to 2,000 24.70 *for first$500 plus 3.20 for each additional $100 or fraction thereof to and including $2,000 2,001 to 25,000 72.70 *for first$2,000 plus 14.70 for each additional $1,000 or fraction thereof to and including $25,000 25,001 to 50,000 410.80 *for first$25,000 plus 10.60 for each additional $1,000 or fraction thereof to and including $50,000 50,001 to 100,000 675.75 * for first$50,000 plus 7.35 for each additional $1,000 or fraction thereof to and including$100,000 100,001 to 500,000 1,043.45 * for first$100,000 plus 5.90 for each additional $1,000 or fraction thereof to and including$500,000 500,001 to 1,000,000 3,395.45 * for the first$500,000 plus 5.00 for each additional $1,000 or fraction thereof to and including $1,000,000 1,000,001 and up 5,889.20 *for the first$1,000,000 plus 3.85 for each additional $1,000 or fraction thereof Plan Check 70% of Permit Fee 605 605.05 subd. 2 Code Compliance Inspection 49.00 per hour with a minimum 1 hour fee. (Includes supervision, code review, inspections, overhead, hourly wages and fringe benefits of employees involved) 615 615.03 License to Service Fire Extinguishers 50.00 per year per person licensed Permit Fee for Cleaning Kitchen Exhaust 85.00 620 620.04 Hood and Duct Systems 625 625.04 Subd 1 Sprinkler Permit Fees: Per Number of Heads: 1 - 5 49.00 * (minimum fee) 6 - 25 120.00 * 26 - 50 220.00 * 51 - 75 290.00 * 76 -100 350.00 * 101 -125 385.00 * 126 -150 415.00 * 151 -175 450.00 * 185 (Effective 1/1/08) Suu2091-.06 City oc a General Code Provisions and Administration 18 - Schedule A SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT 176 -200 470.00 * 201 plus 545.00 * for first 200 + $3.00 for each additional head 625 625.04 Subd. 1 Fire Pump Installation and Associated 235.00 Hardware Standpipe Installation 145.00 Each Additional Standpipe 35.00 625 625.04 Subd. 1 Fire Alarm&Alternative Fire Suppression Permit If total valuation of work is: Then amount is: $1 to 500 24.70 *minimum fee 501 to 2,000 24.70 * for first$500 plus 3.20 for each additional$100 or fraction thereof to and including$2,000 2,001 to 25,000 72.70 * for first$2,000 plus 14.70 for each additional$1,000 or fraction thereof to and including$25,000 25,001 to 50,000 410.80 * for first$25,000 plus 10.60 for each additional$1,000 or fraction thereof to and including $50,000 50,001 to 100,000 675.75 *for first$50,000 plus 7.35 for each additional $1,000 or fraction thereof to and including$100,000 100,001 to 500,000 1,043.45 * for first$100,000 plus 5.90 for each additional$1,000 or fraction thereof to and including $500,000 500,001 to 1,000,000 3,395.45 *for the first$500,000 plus 5.00 for each additional$1,000 or fraction thereof to and including$1,000,000 1,000,001 and up 5,889.20 * for the first$1,000,000 plus 3.85 for each additional $1,000 or fraction thereof Plan Check 70% of Permit Fee 625 625.04 subd. 2 Other Permit Related Fees 49.00 per hour with a minimum 1 hour fee. (Includes supervision, code review, inspections, overhead, hourly wages and fringe benefits of employees involved) 635 635.02 False Fire Alarm 300.00 Residential 500.00 Commercial 640 640.02 License allowing sale of Fireworks 100.00 Per year 716 716.02 Recycling Service: 4.90 Per Quarter- Single Family 4.90 Per Quarter- Double Bungalow 4.10 Per Quarter- Apartments/Condos (2-8 units) 721 721.03 Subd. 1 Food Establishment 575.00 High risk food 365.00 Medium risk food 105.00 Low risk food 130.00 Base fee 55.00 Beer or wine table service 125.00 Alcohol bar service 185-6 (Effective 1/1/08) Suonlement 2007-06 City of Edina General Code Provisions and Administration 185.01 - Schedule A SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT 138.00 Food vehicle 135.00 Additional facility 200.00 Pushcart 120.00 Itinerant food 15.00 Food vending machine 721 721.03 Subd 1 Restaurant Plan Review Fee 100% of License Fee Restaurant Plan Review Fee for Remodel 50% of License Fee Minimum Restaurant Plan Review Fee 95.00 735 735.03 Lodging Establishment 7.00 per room Supervised Group Home 45.00 Boarding and Lodging House License 100.00 740 740.04 Multiple Dwelling Parking Garage 45.00 per single tract of land(may contain more than one building under same ownership) 740 740.04 Multiple Dwelling Parking Garage 80.00 per garage Inspection Fee 745 745.04 Subd. 2 Body Art Establishment License 260.00 810 810.09 Subd. 3C Neighborhood Property Owner List 1.00 per property owner name 810 810.09 Plat and Subdivision Filing Fee 100.00 per lot for division of one or more lots where no new buildable lots are created 600.00 plus $50/lot-all plats and subdivision other than above 810 810.09 Subd. 2 Developer's Agreement Fee for City 6.5% of the total construction cost of such public improvements Services Rendered in Connection with Required Street, Water and Sewer Improvements 815 815.03 Antennas, Dish Antennas& Tower Same as for a building permit(See Subsection 410.02 Subd 1 fees) Permits 820 820.01 Filing of Application for Vacation of 425.00 Street, Alley or Easement 830 830.05 Subd. 2 Permit Fee for Tree Removal or Grading If total valuation of work is: Then amount is: $1 to $5,000 150.00 $5,001 to$100,000 150.00 for first$5,000 plus 2.00 for each additional $1,000 or fraction thereof to and including$100,000 $100,001 and up 340.00 for first$100,000 plus 1.00 for each additional$1,000 or fraction thereof 830 830.05 Subd. 2 Permit Fee for Open Pit or Excavation If total valuation of work is: Then amount is: $1 to$5,000 150.00 $5,001 to$100,000 150.00 for first$5,000 plus 18 (Effective 1/1/08) Suuo t 2007-06 City o ' to General Code Provisions and Administration 18 - Schedule A SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT 2.00 for each additional$1,000 or fraction thereof to and including $100,000. $100,001 and up 340.00 for first$100,000 plus 1.00 for each additional$1,000 or fraction thereof 830 830.05 Subd. 2 Other Permit Related Fees 49.00 per hour or the total hourly cost to City, whichever is greatest. (includes supervision, overhead, equipment, hourly wages and fringe benefits of employees involved.) 845 845.04 Restricted Access Parking Lot License 500.00 Renewals: 100.00 0- 50 spaces 150.00 51 - 100 spaces 250.00 100- 200 spaces 400.00 Over 200 spaces 850 850.04 Subd. 1C Variance Fee 200.00 Residential 400.00 Commercial 850 850.04 Subd. 2A.2 Fee for Transfer of Land to Another 400.00 (One) R-2 Lot Zoning District 500.00 (Two) R-2 Lots 1,000.00 All other Transfers 850.04 Subd. 2,3, 850 4 and 5 Mailed Notices $1.00 Per Parcel 850.173 Subd. 850 4C.la Temporary Retail Sales in PID Permit 300.00 First Permit 200.00 Subsequent Permits 850.04 Subd. 4 850 A.2 Conditional Use Permit 700.00 Fee shall be equal to City staff time expended and City's direct cost incurred in processing applications. 850.04 Subd. 5 850 C.1 Temporary Conditional Use Permit 75.00 850 850.10 Subd. 1D Landscaping Inspection 100.00 850 850.04 Subd. 6 Final Development Plan Application Fee 750.00 850 850.20 Subd. 10 Certificate of Appropriateness 175.00 900 900.07 Subd. 1 Liquor License Fees (per year) On-Sale Club License 300.00 Under 200 members 500.00 201-500 members 650.00 501-1000 members 850.00 1001-2000 members 1,000.00 2001-4000 members 2,000.00 4001-6000 members 31000.00 over 6000 members 8,500.00 On-Sale Intoxicating License - Restaurants only 608.00 3.2 Beer License Off or On Sale 185-8 (Effective 1/1/08) Sunnlement 2007-06 City of Edina General Code Provisions and Administration 185.01 - Schedule A SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT 2,000.00 Wine On-Sale- Restaurants only 200.00 per event- Temporary On-Sale Intoxicating- Max 3 days by MS 82.00 per event- Temporary On-Sale 3.2 Malt Liquor 200.00 Sunday On-Sale License- Restaurants only 1020 1020 False Automatic Alarm 110.00 for the 2nd thru 4th response within one calendar year 200.00 for the 5th and subsequent false alarm within one calendar year 1040 1040.08 Loudspeaker Permit 19.00 1045 1045.05 Variance Fee RV's, Boats, etc. Storage 50.00 1100 1100.03 Subd. 2 Sewer Service Charge: Based upon water usage during winter quarter. (November 1 to March 1) Single Family Dwellings, Townhouses, Two-Family Dwellings, Apartment Buildings Containing Four or Less 40.96 Per quarter up to and including 1600 cubic feet Dwelling Units: 2.56 Additional from 1601 cubic feet and over Apartment Buildings with More Than 38.86 Per quarter for each unit over four or Four Dwelling Units: 2.56 per 100 cubic feet of water used during the quarter, whichever is greater Commercial and Industrial Buildings, 40.96 Per water meter or approved sewage metering device on premises, or Including Schools and Churches: 2.56 per 100 cubic feet of water used during the quarter, whichever is greater 1100 1100.03 Subd. 3 Industrial User Extra Strength Charges As allocated to City by Metropolitan Waste Control Commission 1100 1100.03 Subd. 4.A Shutting Off or Turning On Curb Water 25.00 For each turn-on and each shut-off. Stops at Customer's Request or Due to Non-payment of Bill 1100 1100.04 Subd. 1.0 Issuance of Water Meter Cost of water meter, plus handling charges 1100 1100.03 Subd. 2 Water Service, Residential 1. Per 100 cubic feet for areas of City, except as described in#2 below 0.99 Per 100 c.f. up to 3500 cubic feet 1.31 Per 100 c.f. from 3600 cubic feet to 6500 cubic feet 2.05 Per 100 c.f. over 6500 cubic feet Water Service, Residential-Morningside Area 2.86 2. Per 100 cubic feet- Morningside area and for east side of Beard Ave. from West 54th to Fuller St. and both sides of Abbott Pl. from West 54th St. to Beard Ave. Water Service, Commercial Domestic accounts used by commercial 0.99 Up to 3500 cubic feet and industrial buildings, including schools 1.31 Over 3500 cubic feet and churches Lawn watering accounts used by 1.31 Up to 3500 cubic feet commercial and industrial buildings, 2.05 Over 3500 cubic feet including schools and churches Meter Charge: 12.01 Per quarter for up to 3/4 inch meter 16.36 Per quarter for 1 inch meter 1100 1100.03 Subd. 2 Water Service (Meter Charge) cont. 18.66 Per quarter for 1 1/4 inch meter 18 (Effective 1/1/08) SuDD t 2007-06 City of b General Code Provisions and Administration 185. schedule A SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT 1100 1100.03 Subd. 2 Water Service (Meter Charge) cont. 21.00 Per quarter for 1 1/2 inch meter 33.81 Per quarter for 2 inch meter 128.40 Per quarter for 3 inch meter 163.44 Per quarter for 4 inch meter Flat Annual Charges as Follows: 0.00 Park Department for water used for sprinkling and skating rinks 0.00 Street Department for water used for flushing street 1105 1105.01 Subd. 1 Service Availability Charge (SAC) 1,825.00 Per SAC unit X number of SAC units computed pursuant to Subsection 1105.01, Subd, 1 of this code 1105 1105.02 Water Connection Charge 800 Per Residential Equivalent Connection(REQ Sewer Connection Charge 400 Per Residential Equivalent Connection(REQ 1110 1110.03 Storm Water Drainage Charge 15.54 Per quarter pursuant to formula in Subsection 1110.03 1115 1115.03 Water Surcharges Surcharges for violation the Irrigation Bans are determined based on the number of water restriction violations issued to an owner in the previous three years and are as follows: Written Warning First Offense 50.00 Second Offense 100.00 Third Offense 200.00 Fourth Offense 300.00 Each Additional Offense 1205 1205.01 Curb Cut Permit 40.00 1230 1230.07 Sidewalk Cafe Permit 633.00 1230.08 Temporary Liquor License Special Permit 315.00 Per event 1235 1235.03 Subd. 2 Parking Permit 4.00 per month pro-rated Refund Parking Permit- Sticker Must 4.00 per month pro-rated Be Returned 1300 1300.02 Subd. 1 Refuse or Recycling Hauler's License 300.00 per year for 1st vehicle 95.00 per year for each additional vehicle 1311 1311.03 Peddler/Solicitor Permit 30.00 per permit- valid for 14 calendar days 1311.04 Subd. 1 Registration for Peddling/Soliciting 50.00 per registration- valid for 90 calendar days 1325 1325.03 Tobacco Sale License 350.00 per location 1341 1341.02 Registration for Massage Therapists 15.00 Per therapist for those businesses exempt from licensure 1341 1341.05 Physical Culture&Health Service or 286.00 Business License Club, Reducing Club or Salon, Sauna Parlor, Massage Parlor or Escort Service License 1341 1341.05 Investigation Fee- Business License 1,500.00 1345 1345.05 Subd. 1 Sexually-oriented Business License 5,000.00 per year 1345 1345.05 Subd. 2 Business License 1,500.00 At time of original application 185-10 (Effective 4/15/08) Sumolement 2008-01 City of Edina General Code Provisions and Administration 185.01 - Schedule A SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT 1350 1350.06 Subd. 1 Commercial Photography 30.00 Manager Permit- Still Photography 120.00 Manager Permit-Motion Photography 340.00 Council Permit 1400 1400.12 Truck Restrictive Road Permit 100.00 1410 1410.01 Redemption of Impounded Vehicle Fee as posted in Police Department (Effective 4/15/08) SunDl t 2008-01 City of Edina Public Dances,Gambling and Amusements 215.08 Section 215 - Gambling 215.01 Definitions. The definitions listed in M.S. 349 are hereby incorporated in and made a part of this Section as if set out in full. 215.02 Permit Required. No person shall operate, conduct, or sell bingo, raffles, paddlewheels, tipboards, pull-tabs or any other form of lawful gambling unless a permit shall have been procured therefore. 215.03 Permit Procedure and Control. The provisions of Section 160 of this Code shall apply to all permits required by this Section and to tjie holders of such permits except that the permit shall be issued or denied by the Manager. 215.04 Fees. The fee for any permit required by this Section shall be in the amount set forth in Section 185 of this Code. 215.05 Application. The provisions of this Subsection are in addition to the requirements of Section 160 of this Code. Any organization desiring a permit to operate or conduct lawful gambling shall make application therefor on a form provided by the Clerk. The application shall set forth the name and address of the organization which is to operate or conduct the lawful gambling, and the time and place where such lawful gambling is to be held. The organization shall also state affirmatively on the application that none of the officers or directors of the organization have been convicted of a felony or gross misdemeanor, or of violating any ordinance or law regulating gambling any place in the United States. The Clerk may accept the application for license or exemption filed with the Minnesota Gambling Control Board in lieu of the form required by this Subsection. 215.06 Permitted Locations. Lawful gambling may be operated or conducted only in buildings or on lots or parcels in the R-1 District as defined by Section 850 of this Code except buildings, lots or parcels which are used for residential purposes. 215.07 Award of Prizes. All prizes or pay-offs from lawful gambling shall be awarded during the time and at the place described in the permit issued in accordance with this Section. 215.08 Permit Restrictions. A. No more than two permits shall be issued to any one organization in a calendar year and there shall be at least seven days between the specified date in the permits for the operation or conduct of lawful gambling. B. Each permit shall allow lawful gambling only on the premises described in and for the dates specified in the permit. 215 - 1 City of Edina Public Dances,Gambling and Amusements 215.09 C. Each permit shall be issued for a maximum of three consecutive days. 215.09 Exemptions. Subd. 1 Statutory Exemptions. The following are exempt from the requirements of this Section: A. The State lottery established pursuant to M.S. 349A. B. Raffles, if the value of the prizes awarded by the organization in a calendar year does not exceed $750.00. C. Bingo conducted in a nursing home or senior citizen housing project or by a senior citizen organization, if: 1. The prizes for a single bingo game do not exceed $10.00; 2. Total prizes awarded at a single bingo occasion do not exceed $200.00; 3. No more than two bingo occasions are held by the organization or at the facilities each week; 4. Only members of the organization or residents of the nursing home or housing project are allowed to play in a bingo game; S. No compensation is paid to any persons who conduct the bingo; and 6. A manager is appointed to supervise the bingo and the manager registers with the Minnesota Gambling Control Board. Subd. 2 Sale or Redemption Through U.S. Mail A. The sale or redemption of tickets, pull-tabs, or other chances through the U.S. Mail are exempt from the requirements of this Section. History: Ord 204 adopted 1-17-79 Reference. M.S. 349, 349A Cross Reference: Sections 160, 185, 850 215 - 2 City of Edina Health 705.04 Section 705 - Storage, Collection and Disposal of Refuse and Compostable Materials 705.01 Definitions. Unless the context clearly indicates otherwise, the following terms shall have the meanings given them in this Subsection: Subd. 1 Refuse Containers. Containers on residential properties shall be placed in such a manner as to be out of view from the street in front of the premises or in a garage located on the premises. Containers on non-residential properties shall be fully screened from all lot lines as provided by Section 850 of this Code. In no event shall containers be placed next to the street or curb or be placed or maintained in such a way as to unreasonably interfere with the use of adjoining property. Containers kept outside shall be placed and kept in such a manner as not to permit entry of or harborage for animals, insects or other vermin. Subd. 2 Compostable Materials. Leaves, grass clippings, garden plants, wood ashes, fresh fruit, vegetable scraps, coffee grounds, and commercially available compost ingredients. Compostable materials do not include meat scraps, bones, grease, oil, eggs, dairy products, branches, human or pet excreta, plastics or other materials which may adversely affect public health. 705.02 Refuse Containers. The owner or occupant of any premises where refuse may be present, shall provide and keep on such premises sufficient containers for the storage of all refuse accumulating on the premises between collections. Each container shall have a close- fitting top. Containers shall be constructed of non-combustible materials and have non- combustible covers. Dumpsters shall be constructed of metal. 705.03 Refuse Storage. All refuse on any premise shall be stored in the fully covered containers required by Subsection 705.02, except as provided in Subsections 705.04 and 715.03 of this Code. 705.04 Location of Containers. Subd. 1 Refuse Containers. Containers on residential properties shall not be placed or maintained in such a way as to unreasonably interfere with the use of the adjoining property. Containers on non-residential properties shall be fully screened from all lot lines as provided by Section 850 of this Code. Containers kept outside shall be placed and kept in such a manner as not to permit entry of or harborage for animals, insects or other vermin. Containers on residential property shall be stored in such a manner as to be out of view from the street in front of the premises or in a garage located on the premises except as provided hereafter. Occupants of single dwelling unit, double dwelling unit and townhouse properties may, but are not required to, place refuse containers adjacent to the street or alley adjoining the dwelling and off the traveled portion of the road but not earlier than 12 hours prior to the day scheduled for collection. Within 12 hours after the scheduled collection, the containers and any 705- 1 Supplement 2006-02 City of Edina Health 705.08 material not collected shall be returned by the resident of such dwelling to the same location designated for storage by this Subd. 1. Subd. 2 Grass Clippings and Leaves. For single dwelling unit, double dwelling unit j and townhouse properties, containers or bags containing grass clippings and leaves may be placed for collection adjacent to the street or alley adjoining the dwelling and off the traveled portion of the road not earlier than 12 hours prior to the day scheduled for collection. Within 12 hours after the scheduled collection, the containers and any j material not collected shall be returned by the resident of such dwelling to the same location designated for storage by Subd. 1 of this Subsection. 1 705.05 Frequency and Manner of Collection. The contents of the containers shall be collected once every week, by a collector duly licensed by the City, or more frequently if required by the provisions of any other section of this Code. Provided, however, occupants of a dwelling unit in the R-1 District or R-2 District, as established by Section 850 of this Code, who generate 30 gallons or less of refuse weekly may arrange for collection not less often than once every 14 days. The collector shall transfer the contents of the containers to the collector's vehicle without spilling, or if any spilling occurs, the collector shall clean it up completely. Upon each collection, the containers shall be completely emptied and the lids of the containers shall be replaced. i 705.06 Defective Containers. Whenever a container is in poor repair, is corroded or otherwise defective so as to permit insects, vermin or rodents to enter, or does not meet any other requirement of this Section, the collector shall notify the owner or manager of the premises of the deficiency. The notice shall describe the deficiency and shall require repair or j replacement. Upon the next collection, if the deficiency has not been corrected, the collector shall notify the Sanitarian. The Sanitarian shall then inspect said container and, if found deficient, condemn the same. The collector shall not collect the contents of any container marked as condemned. I 705.07 Abatement of Nuisance. Any accumulation of refuse not placed in containers is declared to be a nuisance. Any accumulation of refuse placed in containers but not removed from the premises within the time period provided in Subsection 705.05 is declared to be a nuisance. Nuisances shall be abated by order of the Sanitarian as provided by M.S. 145A.04, Subd. 8 and the cost of abatement may be charged and assessed against the property where the nuisance was found pursuant to Section 1200 of this Code. 705.08 Composting. Notwithstanding other provisions of this Section, compostable materials may be stored on a residential lot subject to the following requirements: i Subd. 1 Containers. Compostable materials shall be placed within a container of durable material including but not limited to wire fencing, rot resistant wood, concrete block or brick, or a commercially manufactured container designed for composting. Containers shall be maintained in sound condition and shall be capable of securing all compostable material. i Subd. 2 Location of Containers. Compost containers shall not be located within i 705-2 Supplement 2006-02 i i City of Edina Health 705.10 the front yard as defined in Section 850 of this Code and shall not be located within five feet of a side or rear lot line. Compost containers shall not be located within 20 feet of a principal use building other than the principal use building owned by the owner of the compost container. Subd. 3 Maximum Size. A compost container shall not exceed 30 square feet in area on lots with a lot area less than 9000 square feet and shall not exceed 50 square feet in area on lots with a lot area of 9000 square feet or more. The height of the container and the compostable material stored in the container shall not exceed four feet. Subd. 4 Maintenance. Compost containers and compostable materials shall be maintained so as not to create odors, rodent harborage or a fire hazard. Subd. 5 Abatement of Nuisance. Compost containers or compostable materials which are not in compliance with this Subsection are declared to be a nuisance which shall be abated as provided in Subsection 705.07. 705.09 Organized Collection. The City may organize the collection of refuse pursuant to the procedures established by M.S. 115A.94. 705.10 Collection of Recyclables; Districts. The Council, by resolution, may establish the entire City as a district for the collection of recyclables as defined in Section 715 of this Code, or may establish more than one such district within the City. The Council also, by resolution, may designate one or more collectors in each such district for collection of recyclables in that district on terms and conditions to be agreed upon by each such collector and to be approved by resolution of the Council. History: Ord 711 codified 1970, amended by Ord 711 A1, Ord 711-A2, 7-28-76, Ord 711-A3, 3-7-84, Ord 711-A4 9-2-87, Ord 711-A5 5-25-88, Ord 711-A6 6-14-89; Ord 2006-08, I1-6-06 Reference: M.S. 115A.94, 145A.04 Cross Reference: Sections 715, 850, 1300 705-3 Supplement 2006-02 `City of Edina Misdemeanors and Nuisances 1055.05 Section 1055 - Control and Prevention of Shade Tree Diseases 1055.01 Declaration of Policy. The Council has determined that the health of elm and oak trees within the City is threatened by diseases to these trees, commonly referred to as "Dutch elm disease" and "oak wilt disease," such diseases being known in scientific terms as Ceratocystis ulmi and Ceratocystis fagacearum, respectively. It has further determined that the loss of elm and oak trees growing upon public and private property will substantially depreciate the value of property within the City and impair the safety and general welfare of the public. It is declared to be the intention of the City to control and prevent the spread of these diseases, and this Section is enacted for that purpose. 1055.02 Tree Inspector. The position of Tree Inspector is hereby created within the City pursuant to M.S. 18G.13, Subd. 5 to carry out the provisions of M.S. 18G.13. The Manager is directed to employ or retain on a continuing basis a suitably qualified person as Tree Inspector, who shall be certified as a tree inspector by the State Commissioner of Agriculture. It is the duty of the Tree Inspector to coordinate, under the direction and control of the Council, all activities of the City relating to the control and prevention of Dutch elm disease and oak wilt disease. The Tree Inspector shall recommend to the Council details of the program for the control of such diseases, and perform the duties incident to such a program adopted by the Council. 1055.03 Shade Tree Disease Control Program. It is the intention of the City to conduct a program of plant pest control pursuant to the authority granted by M.S. 18G.13. The Tree Inspector shall develop a program plan in compliance with M.S. 18G.13 and the regulations issued pursuant thereto, for the identification and control of diseased elm and oak trees, and shall be responsible for the making and maintenance of all records and reports related to the program. The Tree Inspector shall act as coordinator between the State Commissioner of Agriculture and the City in the conduct of this program. 1055.04 Nuisances Declared. The following are public nuisances, wherever they may be found within the City: Subd. 1 Live Infected Trees. Any elm tree infected with Dutch elm disease, or any oak tree infected with oak wilt disease; and Subd. 2 Dead Infected Wood. Any dead elm or oak tree or part thereof, including logs, branches, stumps and firewood or other material from which the bark has not been removed. 1055.05 Abatement. It is unlawful for any person to permit any public nuisance, as defined by Subsection 1055.04, to remain on any premises or boulevard owned or controlled by that person within the City. Such nuisances may be abated in the manner prescribed by this Section. 1055.06 Inspection and Investigation. The Tree Inspector shall inspect all premises and places within the City as often as practicable to determine whether any nuisance described in 1055 - 1 Supplement 2007-2 City of Edina Misdemeanors and Nuisances 1055.08 Subsection 1055.04 exists. The Tree Inspector shall investigate all reported incidents of infestation by Dutch elm fungus of elm bark beetles or oak wilt. The Tree Inspector, or the duly authorized agents, may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned the Tree Inspector under this Section. The Tree Inspector, upon finding conditions indicating Dutch elm disease or oak wilt disease infestation, may send appropriate samples to the State Diagnostic Laboratory for diagnosis as may be recommended by the State Commissioner of Agriculture. 1055.07 Abatement and Spraying of Shade Tree Disease Nuisances. In abating or ordering the abatement of the nuisances defined in Subsection 1055.04, the Tree Inspector shall cause or order the infected tree or wood to be sprayed, removed, burned, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of the diseases. Such abatement procedures shall be carried out in accordance with prescribed methods approved by the State Commissioner of Agriculture. Whenever the Tree Inspector determines that any elm or oak tree or elm or oak wood within the City is infected with Dutch elm or oak wilt disease, the Tree Inspector may spray all nearby elm or oak trees with an effective pesticide. Spraying activities authorized by this Section shall be conducted in accordance with the technical and expert opinion and plans of the State Commissioner of Agriculture and under the supervision of the State Commissioner or agents of the Commissioner whenever possible. 1055.08 Procedure for Abatement of Nuisances. Subd. 1 Public Streets or Boulevards. Whenever the Tree Inspector finds with reasonable certainty that a nuisance defined in Subsection 1050.04 exists in any tree or wood within a public street or boulevard in the City, the Tree Inspector shall notify the abutting property owner or owners by mail of the infestation, and specify a time in which the infestation shall be sprayed, removed or otherwise treated by such owner or owners to the satisfaction of the Tree Inspector. The notice shall also state that if the nuisance shall not have been abated by the owner within the time provided, it will be abated by the City and that the entire cost will be billed to the owner and if not paid shall be assessed against the abutting property under M.S. 429.101. Subd. 2 On Private Property. Whenever the Tree Inspector finds with reasonable certainty that a nuisance defined in Subsection 1055.04 exists in any tree or wood located on private property in the City, the Tree Inspector shall notify the owner of the property by mail of the infestation, and specify a time in which the infestation shall be sprayed, removed or otherwise treated by the owner. The notice shall also state that if the nuisance shall not have been abated by the owner within the time provided, it will be abated by the City and the entire cost will be billed to the owner, and if not paid shall be assessed against the property under M.S. 429.101. Subd. 3 Assessment of Costs. The Tree Inspector shall keep a record of trees removed and the cost of abatements done under this Subsection 1055.08 and shall report monthly to the Clerk all work done for which assessments are to be made, stating and certifying the description of the land, lots and parcels involved and the amounts chargeable to each. On or before September 1 of each year, the Clerk shall list the total unpaid charges for each abatement against each separate lot or parcel to 1055 - 2 Supplement 2007-2 City of Edina Misdemeanors and Nuisances 1055.09 which they are attributable under this Section. The Council may then spread the charges or any portion against the property involved as a special assessment under M.S. 429.101 and other pertinent statutes for certification to the County Auditor and collection in the following year along with current taxes. 1055.09 Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with the Tree Inspector or the agents while they are engaged in the performance of duties imposed by this Section. History: Ord 1035, repealed by Ord 1035-AI Reference: M.S. 18G.13, 429.101 A 1055 - 3 Supplement 2007-2