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COLUMBUS CITY CODE
CODIFIED AS OF
June 1, 2014
[Printed 7/2/2014]
CITY OF COLUMBUS – CITY CODE
TABLE OF CONTENTS
CHAPTER 1
ARTICLE I
Section 1-101
Section 1-102
Section 1-103
Section 1-104
Section 1-105
Section 1-106
Section 1-107
Section 1-108
Section 1-109
Section 1-110
CODIFICATION OF ORDINANCES .................................... 1-1 TO 1-2
Title, Interpretation, Enactment ........................................................ 1-1 TO 1-2
Adoption ............................................................................................................. 1-1
Amendments ....................................................................................................... 1-1
Numbering .......................................................................................................... 1-1
Ordinances .......................................................................................................... 1-1
Revision .............................................................................................................. 1-1
Separability ......................................................................................................... 1-1
Pending Suits ..................................................................................................... 1-2
Interpretation ...................................................................................................... 1-2
Violations and Penalty ........................................................................................ 1-2
Publication of Code and Effective Date ............................................................. 1-2
CHAPTER 2
OFFICERS AND EMPLOYEES.......................................................... 2-1
ARTICLE I
Compensation.................................................................................................... 2-1
CHAPTER 3
PLANNING COMMISSION ................................................... 3-1 TO 3-3
ARTICLE I
Section 3-100
Section 3-101
Section 3-102
Section 3-103
Section 3-104
Section 3-105
Section 3-106
Commission Structure ......................................................................... 3-1 TO 3-2
Composition ....................................................................................................... .3-1
Terms .................................................................................................................. 3-1
Vacancies ............................................................................................................ 3-1
Qualifications..................................................................................................... .3-1
Chairperson ........................................................................................................ .3-2
Records .............................................................................................................. .3-2
Purpose and Function. ....................................................................................... .3-2
ARTICLE II
Section 3-200
MEETINGS .......................................................................................... 3-2 TO 3-3
Meetings ............................................................................................................. 3-2
CHAPTER 4
ARTICLE I
Section 4-100
Section 4-101
Section 4-102
Section 4-103
LICENSING ............................................................................ 4-1 TO 4-31
General Provisions ............................................................................... 4-1 TO 4-2
Title .................................................................................................................... .4-1
Powers of the City Council ................................................................................ .4-1
Authority of the City Clerk and Zoning Administrator. .................................... .4-1
Referral to City Council. ................................................................................... .4-1
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Section 4-104
Section 4-105
Section 4-106
Section 4-107
Section 4-108
Section 4-109
Appeal to the City Council. ............................................................................... .4-1
License and Fees. ............................................................................................... .4-1
Posting ............................................................................................................... .4-2
Transfer of License ............................................................................................ .4-2
Denial, Revocation, or Suspension .................................................................... .4-2
Procedures. ......................................................................................................... 4-2
ARTICLE II
Section 4-200
Section 4-201
Section 4-202
Section 4-203
Section 4-204
Section 4-205
Section 4-206
Section 4-207
Section 4-208
Section 4-209
Section 4-210
Section 4-211
Section 4-212
Assemblies ............................................................................................ 4-3 TO 4-8
Application of Article I...................................................................................... .4-3
Definitions ......................................................................................................... .4-3
License Required. .............................................................................................. .4-3
License Fees. ..................................................................................................... .4-3
Application Procedures...................................................................................... .4-4
Information on Application. .............................................................................. .4-4
Temporary Structures. ....................................................................................... .4-5
Conditions of License ........................................................................................ .4-6
Public Liability Insurance. ................................................................................. .4-7
Cash Deposit. ..................................................................................................... .4-8
Violations........................................................................................................... .4-8
Severability. ....................................................................................................... .4-8
Annual License for Permanent Business ........................................................... .4-8
ARTICLE III
Section 4-300
Section 4-301
Section 4-302
Section 4-303
Section 4-304
Carnivals............................................................................................. 4-9 TO 4-10
Application of Chapter 4, Articles I and II ......................................................... 4-9
Definition. .......................................................................................................... .4-9
Permit Required ............................................................................................... .4-10
Inspection. ........................................................................................................ .4-10
Compliance with State Electrical Code ........................................................... .4-10
ARTICLE IV
Section 4-400
Dances .............................................................................................................. 4-10
Application of Chapter 4, Articles I and II ....................................................... 4-10
ARTICLE V
Section 4-500
Section 4-501
Section 4-502
Section 4-503
Section 4-504
Section 4-505
Section 4-506
Section 4-507
Section 4-508
Section 4-509
Section 4-510
Section 4-511
Section 4-512
Section 4-513
Section 4-514
Section 4-515
Section 4-516
Alcoholic Beverage Licenses ........................................................... 4-10 TO 4-20
Adoption of State Law by Reference ............................................................... 4-10
City May Be More Restrictive Than State Law ............................................... 4-11
Definitions ........................................................................................................ 4-11
Nudity on the Premises of Licenses Establishments Prohibited ...................... 4-11
Consumption in Public Places .......................................................................... 4-12
Number of Licenses Which May Be Issued ..................................................... 4-12
Term and Expiration of Licenses...................................................................... 4-12
Kinds of Liquor Licenses ................................................................................. 4-12
License Fees; Pro Rata ..................................................................................... 4-14
Council Discretion to Grand or Deny a License............................................... 4-15
Application for License .................................................................................... 4-15
Description of Premises .................................................................................... 4-15
Applications for Renewal ................................................................................. 4-15
Transfer of License ........................................................................................... 4-16
Investigation ..................................................................................................... 4-16
Hearing and Issuance ........................................................................................ 4-16
Restrictions on Issuance ................................................................................... 4-16
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Section 4-517
Section 4-518
Section 4-519
Section 4-520
Section 4-521
Sections 4-522
through 4-527
Section 4-528
Conditions of License ....................................................................................... 4-17
Hours and Days of Sale .................................................................................... 4-18
Minors on Premises .......................................................................................... 4-18
Restrictions on Purchase and Consumption ..................................................... 4-18
Suspension and Revocation .............................................................................. 4-19
ARTICLE VI
Section 4-611
Section 4-612
Section 4-613
Section 4-614
Section 4-615
Section 4-616
Section 4-617
Section 4-618
Section 4-619A
Section 4-619B
Section 4-620
Section 4-621
Section 4-622
Section 4-623
Section 4-624
Section 4-625
Section 4-626
Section 4-627
Section 4-628
Section 4-629
Section 4-630
Section 4-631
Section 4-632
Section 4-633
Section 4-634
Section 4-635
Section 4-636
Section 4-637
Section 4-638
Animal Control and Licensing ....................................................... 4-20 TO 4-25
Words and Phrases Defined ............................................................................. .4-20
Vaccination Required. ..................................................................................... .4-21
Dogs: Identification ........................................................................................ .4-21
REPEALED / RESERVED FOR FUTURE USE. ....................................... 4-22
REPEALED / RESERVED FOR FUTURE USE. ....................................... 4-22
Unidentified Dogs............................................................................................. 4-22
Reports of Animal Bites. .................................................................................. 4-22
Biting Animals to be Quarantined. ................................................................... 4-22
Dangerous Dog. ................................................................................................ 4-22
Potentially Dangerous Animal or Potentially Dangerous Dog. ........................ 4-22
Impounding. ...................................................................................................... 4-23
Redemption. ...................................................................................................... 4-23
Disposition of Unclaimed Animals. ................................................................. 4-23
Interference. ...................................................................................................... 4-23
Confinement of Animals................................................................................... 4-23
Disturbing the Peace. ........................................................................................ 4-24
Stopping an Attack. .......................................................................................... 4-24
RESERVED FOR FUTURE USE ................................................................. 4-24
Proper Care and Treatment ............................................................................... 4-24
Nuisances .......................................................................................................... 4-24
RESERVED FOR FUTURE USE ................................................................. 4-24
Records ............................................................................................................. 4-25
Exemptions. ...................................................................................................... 4-25
Security Animals. ............................................................................................. 4-25
Destruction of Certain Animals. ....................................................................... 4-25
Dog Kennels ..................................................................................................... 4-25
Penalty .............................................................................................................. 4-25
Conflicting Ordinances. .................................................................................... 4-25
Separation of Provisions. .................................................................................. 4-25
ARTICLE VII
Section 4-700
Section 4-701
Section 4-702
Section 4-703
Section 4-704
Section 4-705
Section 4-706
Temporary Sales License ................................................................ 4-26 TO 4-27
Application of Article I..................................................................................... 4-26
Definitions ........................................................................................................ 4-26
License Required .............................................................................................. 4-26
Commercial Zoning District Required ............................................................. 4-26
Requirements for Temporary Sales License Application ................................. 4-26
City Building Official and Fire Marshall Review ............................................ 4-27
License Fee ....................................................................................................... 4-27
RESERVED FOR FUTURE USE ................................................................. 4-20
Penalties ............................................................................................................ 4-20
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ARTICLE VIII
Section 4-800
Section 4-801
Section 4-802
Section 4-803
Section 4-804
Section 4-805
Section 4-806
Section 4-807
CHAPTER 5
Lawful Gambling ............................................................................. 4-28 TO 4-30
State Gambling Law Adopted .......................................................................... 4-27
Gambling Prohibited ; Exception ..................................................................... 4-27
General Regulations ......................................................................................... 4-27
State Gambling Licenses .................................................................................. 4-28
City Permit ........................................................................................................ 4-29
Local Gambling Tax ......................................................................................... 4-29
City of Columbus Fund Established ................................................................. 4-29
Contributions of Net Profits to City of Columbus Fund .................................. 4-30
PUBLIC SAFETY AND PUBLIC NUISANCE ................... 5-1 TO 5-10
ARTICLE I
Section 5-100
Section 5-101
Nuisance ............................................................................................................. 5-1
Public Nuisance Defined ................................................................................... .5-1
Public Nuisance Prohibition ............................................................................... 5-1
ARTICLE II
Section 5-200
Definitions.......................................................................................................... 5-1
Words and Phrases............................................................................................. .5-1
ARTICLE III
Section 5-300
Health, Safety, Comfort or Repose ................................................................. 5-2
Public Nuisances Affecting Health, Safety, Comfort or Repose. ...................... .5-2
ARTICLE IV
Section 5-400
Morals and Decency ......................................................................................... 5-2
Public Nuisances Affecting Morals and Decency .............................................. 5-2
ARTICLE V
Section 5-500
Section 5-501
Section 5-502
Section 5-503
Section 5-504
Peace and Safety .................................................................................. 5-3 TO 5-6
Public Nuisances Affecting Peace and Safety .................................................... 5-3
Deposit of Materials on City Roads and Streets Prohibited .............................. .5-5
Unnecessary Acceleration. ................................................................................ .5-5
Operation of Motorized Recreational Vehicles .................................................. 5-5
Noise Violations ................................................................................................. 5-6
ARTICLE VI
Section 5-600
Section 5-601
Section 5-602
Section 5-603
Enforcement ...................................................................................................... 5-8
Enforcement ....................................................................................................... .5-8
Powers of Officers. ............................................................................................ .5-8
Abatement of Nuisance by City Council ........................................................... .5-8
Penalties ............................................................................................................. .5-8
ARTICLE VII
Section 5-700
Separability ....................................................................................................... 5-9
Separability. ....................................................................................................... .5-9
ARTICLE VIII
Section 5-800
Section 5-801
Section 5-802
Section 5-803
Section 5-804
Section 5-805
Curfew for Minors. ............................................................................ 5-9 TO 5-10
Definitions ......................................................................................................... .5-9
Curfew Regulation ............................................................................................. .5-9
Prima Facie Evidence. ....................................................................................... .5-9
Curfew Procedures ............................................................................................ .5-9
Validity. .......................................................................................................... .5- 10
Penalty ............................................................................................................. .5-10
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ARTICLE IX
CHAPTER 6
Shade Tree Diseases [See Chapter 20] .......................................................... 5-10
STREETS .................................................................................. 6-1 TO 6-2
ARTICLE I
Section 6-100
Section 6-101
Section 6-102
Road Weight Restrictions ................................................................................ 6-1
............................................................................................................................ 6-1
............................................................................................................................ 6-1
............................................................................................................................ 6-1
ARTICLE II
Section 6-200
Section 6-201
Section 6-202
Section 6-203
Section 6-204
Parking ................................................................................................. 6-1 TO 6-2
............................................................................................................................ 6-1
............................................................................................................................ 6-1
............................................................................................................................ 6-1
............................................................................................................................ 6-2
............................................................................................................................ 6-2
CHAPTER 7A
GENERAL ZONING REGULATIONS ....................... 7A-1 TO 7A-104
ARTICLE I
Section 7A-100
Section 7A-110
Section 7A-120
Section 7A-130
Section 7A-140
Title, Interpretation and Enactment ........................................................... 7A-1
Title .................................................................................................................. 7A-1
Provision of Ordinance Declared to be Minimum Requirements ................... 7A-1
Severability Clause .......................................................................................... 7A-1
Repeal of Conflicting Ordinances, Effective Date .......................................... 7A-1
Permits and Zoning Actions, Effective Regulations........................................ 7A-1
ARTICLE II
Section 7A-200
Section 7A-201
Definitions..................................................................................... 7A-1 TO 7A-18
Application and Interpretation ......................................................................... 7A-1
Words and Phrases Defined ............................................................................. 7A-2
ARTICLE III
Section 7A-300
Section 7A-301
Enforcement ............................................................................... 7A-19 TO 7A-23
Zoning Approval Required ............................................................................ 7A-19
Agricultural Use Zoning Permits and Building Permits;
Contents of Application ................................................................................. 7A-19
Approval of Agricultural Use Zoning Permit ................................................ 7A-20
Expiration of the Agricultural Use Zoning Permit ........................................ 7A-20
Zoning Approval - Building Permit ............................................................... 7A-20
Section 7A-302
Section 7A-303
Section 7A-304
Sections 7A-305
through 7A-309
Section 7A-310
Section 7A-311
Section 7A-312
Sections 7A-313
through 7A-319
Section 7A-320
Section 7A-330
RESERVED FOR FUTURE USE .............................................................. 7A-20
Certificate of Occupancy ............................................................................... 7A-20
Temporary Certificate of Occupancy ............................................................ 7A-21
Record of Zoning Permits and Certification of Occupancy. ......................... 7A-21
RESERVED FOR FUTURE USE .............................................................. 7A-21
Failure to Obtain a Zoning Permit or Certificate of Occupancy ................... 7A-21
Construction and Uses to be as Provided in Applications, Plans,
Permits and Certificates ................................................................................. 7A-21
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Section 7A-331
Section 7A-340
Section 7A-350
Section 7A-360
Escrow for Reimbursement of Development Review Fees ........................... 7A-21
Complaints Regarding Violations ................................................................. 7A-22
Penalties for Violations ................................................................................. 7A-22
Schedule of Fees for Chapter 7A ................................................................... 7A-23
ARTICLE IV
Section 7A-400
Section 7A-410
Section 7A-420
Section 7A-430
Sections 7A-432
through 7A-439
Section 7A-440
Section 7A-450
Section 7A-460
Nonconformities ......................................................................... 7A-23 TO 7A-26
Intent .............................................................................................................. 7A-23
Incompatibility of Nonconformities .............................................................. 7A-23
Avoidance of Undue Hardship ...................................................................... 7A-23
Single Nonconforming Lots of Record.......................................................... 7A-24
Section 7A-470
Section 7A-480
ARTICLE V
Section 7A-500
Section 7A-501
Sections 7A-502
through 7A-509
Section 7A-510
Section 7A-511
Section 7A-512
Sections 7A-513
through 7A-519
Section 7A-520
Section 7A-521
Section 7A-522
Section 7A-523
Section 7A-524
Section 7A-525
Section 7A-526
Sections 7A-527
through 7A-529
Section 7A-530
Section 7A-531
Section 7A-532
Sections 7A-533
through 7A-539
Section 7A-540
Section 7A-541
Section 7A-542
Section 7A-543
Section 7A-544
RESERVED FOR FUTURE USE .............................................................. 7A-24
Nonconforming Uses of Land ....................................................................... 7A-24
Nonconforming Structures............................................................................. 7A-25
Nonconforming Uses of Structures or of Structures and
Land in Combination ..................................................................................... 7A-25
Repairs and Maintenance............................................................................... 7A-26
Uses under Conditional Use Provisions are not Nonconforming
Uses ............................................................................................................... 7A-26
Administration ........................................................................... 7A-27 TO 7A-36
Zoning Administrator .................................................................................... 7A-27
Duties of the Zoning Administrator ............................................................... 7A-27
RESERVED FOR FUTURE USE .............................................................. 7A-27
Proceedings of the Planning Commission ..................................................... 7A-27
Additional Duties of the Planning Commission ............................................ 7A-28
Site Plan Review ............................................................................................ 7A-28
RESERVED FOR FUTURE USE .............................................................. 7A-29
The Creation of the Board of Adjustments and Appeals ............................... 7A-29
Procedures of the Board of Adjustments and Appeals .................................. 7A-29
Duties of the Board of Adjustments and Appeals ......................................... 7A-29
Legislative Authority on Matters of Adjustments and Appeals .................... 7A-29
Procedures and Requirements for Appeals and Variances ............................ 7A-30
Findings and Decisions of the Board of Adjustments and Appeals .............. 7A-30
Reapplication Upon Denial ........................................................................... 7A-31
RESERVED FOR FUTURE USE .............................................................. 7A-31
Interim Use Permit Process ........................................................................... 7A-31
Contents of Application for An Interim Use Permit...................................... 7A-32
Termination ................................................................................................... 7A-32
RESERVED FOR FUTURE USE .............................................................. 7A-32
Procedures and Requirements for Approval of Conditional Use .................. 7A-32
General ........................................................................................................... 7A-32
Contents of Application for a Conditional Use Permit ................................. 7A-33
General Standard Applicable to All Conditional Uses .................................. 7A-34
Conditions and Safeguards ............................................................................ 7A-34
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Section 7A-545
Section 7A-546
Section 7A-547
Section 7A-548
through 7A-549
Sections 7A-550
Sections 7A-551
through 7A-599
Notice of Public Hearing ............................................................................... 7A-35
Action by the Planning Commission and City Council ................................. 7A-35
Expiration of Conditional Use Permit ........................................................... 7A-35
ARTICLE VI
Section 7A-600
Section 7A-601
Section 7A-602
Section 7A-603
through 7A-699
Provisions for Official Zoning Map ......................................... 7A-36 TO 7A-37
Official Zoning Map ...................................................................................... 7A-36
Rules for Interpretation of District Boundaries ............................................. 7A-36
Suburban Residential Overlay ....................................................................... 7A-37
ARTICLE VII
Section 7A-700
Section 7A-710
Section 7A-711
Section 7A-712
Section 7A-713
Section 7A-714
Section 7A-715
through 7A-719
Section 7A-720
Section 7A-721
Section 7A-722
Section 7A-723
Section 7A-724
Sections 7A-725
through 7A-729
Section 7A-730
Section 7A-731
Section 7A-732
Section 7A-733
Section 7A-734
Sections 7A-735
through 7A-739
Section 7A-740
Section 7A-741
Section 7A-742
Section 7A-743
Section 7A-744
Establishment and Purpose of Districts .................................. 7A-38 TO 7A-57
Intent .............................................................................................................. 7A-38
Agriculture (AG) District Defined ................................................................ 7A-38
Agricultural (AG) District Described. ........................................................... 7A-38
Agricultural (AG) District Permitted Uses .................................................... 7A-38
Agriculture (AG) District Conditional Uses .................................................. 7A-38
Agricultural (AG) District Interim Uses (RESERVED) .............................. 7A-38
Section 7A-748
Section 7A-749
Section 7A-750
Section 7A-751
RESERVED FOR FUTURE USE .............................................................. 7A-35
Zoning Amendments...................................................................................... 7A-35
RESERVED FOR FUTURE USE .............................................................. 7A-36
RESERVED FOR FUTURE USE .............................................................. 7A-37
RESERVED FOR FUTURE USE .............................................................. 7A-38
Agricultural Preserve (A/P) District Defined ................................................ 7A-38
Agricultural Preserve (A/P) District Described. ............................................ 7A-39
Agricultural Preserve (A/P) District Permitted Uses ..................................... 7A-39
Agricultural Preserve (A/P) District Conditional Uses ................................. 7A-39
Agricultural Preserve (A/P) District Interim Uses (RESERVED) ............... 7A-39
RESERVED FOR FUTURE USE .............................................................. 7A-39
Rural Residential (RR) District Defined ....................................................... 7A-39
Rural Residential (RR) District Described .................................................... 7A-39
Rural Residential (RR) District Permitted Uses ............................................ 7A-40
Rural Residential (RR) District Conditional Uses ........................................ 7A-40
Rural Residential (RR) District Interim Uses ................................................ 7A-40
RESERVED FOR FUTURE USE .............................................................. 7A-41
Coon Lake Area Special Overlay (CLO) District Defined ............................ 7A-41
Coon Lake Area Special Residential Overlay (CLO) District Described. .... 7A-41
Coon Lake Area Special Overlay (CLO) District Permitted Uses ................ 7A-41
Coon Lake Area Special Overlay (CLO) District Conditional Uses ............. 7A-42
Coon Lake Area Special Overlay (CLO) District
Interim Uses (RESERVED) ......................................................................... 7A-42
Shoreland Overlay District (FOR REFERENCE ONLY) .......................... 7A-42
Floodplain Overlay District (FOR REFERENCE ONLY) ......................... 7A-42
Suburban Residential (SR) District Defined ................................................. 7A-42
Suburban Residential (SR) District Described. ............................................. 7A-43
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Section 7A-752
Section 7A-753
Section 7A-754
Section 7A-755
Section 7A-756
Sections 7A-757
through 7A-759
Section 7A-760
Section 7A-761
Section 7A-762
Section 7A-763
Section 7A-764
Section 7A-765
Section 7A-766
Section 7A-767
Section 7A-768
Section 7A-769
Section 7A-770
Section 7A-771
Section 7A-772
Section 7A-773
Section 7A-774
Section 7A-775
Section 7A-775A
Section 7A-775B
Section 7A-776
Section 7A-777
Section 7A-778
Section 7A-779
Section 7A-780
Section 7A-781
Section 7A-782
Section 7A-783
Section 7A-784
Section 7A-785
Section 7A-786
Section 7A-787
Sections 7A-788
through 7A-789
Section 7A-790
Section 7A-791
Section 7A-792
Section 7A-793
Section 7A-794
Section 7A-795
Sections 7A-796
through 7A-799
Suburban Residential (SR) District Permitted Uses ...................................... 7A-43
Suburban Residential (SR) District Conditional Uses .................................. 7A-43
Suburban Residential (SR) District Interim Uses (RESERVED) ................ 7A-43
Suburban Residential (SR) District Design Standards .................................. 7A-43
Private Streets Allowed ................................................................................. 7A-44
RESERVED FOR FUTURE USE .............................................................. 7A-44
Community Retail (CR) District Defined ...................................................... 7A-44
Community Retail (CR) District Described .................................................. 7A-44
Community Retail (CR) District Permitted Uses .......................................... 7A-45
Community Retail (CR) District Conditional Uses ....................................... 7A-45
Community Retail (CR) District Interim Uses .............................................. 7A-45
Community Retail (CR) District Design Standards....................................... 7A-46
Senior Citizens Housing Design and Performance
Standards (RESERVED) .............................................................................. 7A-47
Requirements for Public Utilities .................................................................. 7A-47
Private Streets Allowed ................................................................................. 7A-47
RESERVED FOR FUTURE USE .............................................................. 7A-47
Commercial/Showroom (C/S) District Defined ............................................ 7A-48
Commercial/Showroom (C/S) District Described ......................................... 7A-48
Commercial/Showroom (C/S) District Permitted Uses ................................. 7A-48
Commercial/Showroom (C/S) District Conditional Uses ............................. 7A-48
Commercial/Showroom (C/S) District Interim Uses ..................................... 7A-49
Commercial/Showroom (C/S) District Design Standards ............................. 7A-49
Requirement for Public Utilities .................................................................... 7A-50
Private Streets Allowed ................................................................................. 7A-50
Horse Racing (HR) District Defined and Described ..................................... 7A-50
Horse Racing (HR) District Uses .................................................................. 7A-51
Horse Racing (HR) District Design Standards .............................................. 7A-52
RESERVED FOR FUTURE USE .............................................................. 7A-53
Light Industrial (LI) District Defined ............................................................ 7A-53
Light Industrial (LI) District Described (REFER TO ZONING MAP) ..... 7A-53
Light Industrial (LI) District Permitted Uses ................................................ 7A-53
Light Industrial (LI) District Conditional Uses ............................................. 7A-53
Light Industrial (LI) District Interim Uses .................................................... 7A-53
Light Industrial (LI) District Design Standards ............................................. 7A-54
Requirement for Public Utilities .................................................................... 7A-54
Private Streets Allowed ................................................................................. 7A-55
RESERVED FOR FUTURE USE .............................................................. 7A-55
Commercial/Industrial (C/I) District Defined ............................................... 7A-55
Commercial/Industrial (C/I) District Described ............................................ 7A-55
Commercial/Industrial (C/I) District Permitted Uses .................................... 7A-55
Commercial/Industrial (C/I) District Conditional Uses................................. 7A-56
Commercial/Industrial (C/I) District Interim Uses ........................................ 7A-57
Commercial/Industrial (C/I) District Design Standards ................................ 7A-57
RESERVED FOR FUTURE USE .............................................................. 7A-57
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ARTICLE VIII
Section 7A-800
Section 7A-801
Section 7A-802
Section 7A-803
Section 7A-818
Section 7A-819
Section 7A-820
Section 7A-821
General Provisions and Performance Standards ................... 7A-58 TO 7A-97
General Provisions ......................................................................................... 7A-58
District Lot, Area, Yards, and Other Dimensional Criteria ........................... 7A-59
Buildable Area ............................................................................................... 7A-62
Minimum Construction Elevations Above Known High Water
and Driveway Design Requirements ............................................................. 7A-63
General Provisions for the Rural Residential (RR) District .......................... 7A-65
Residential Accessory Buildings ................................................................... 7A-66
Residential Zone Businesses ......................................................................... 7A-69
Swimming Pools ............................................................................................ 7A-70
Churches and Schools .................................................................................... 7A-71
Dog Kennels .................................................................................................. 7A-72
Expansion of Existing Antennae Towers ...................................................... 7A-77
RESERVED FOR FUTURE USE .............................................................. 7A-77
Off-Street Parking .......................................................................................... 7A-77
Miscellaneous Business, Attached Residential, and Institutional
Use Performance Standards ........................................................................... 7A-80
General Performance Standards for All Land Uses....................................... 7A-81
Feedlot Performance Standards ..................................................................... 7A-81
Performance Standards for the Location, Construction and Use of
Communications Towers and Antenna .......................................................... 7A-87
Performance Standards for the Location, Construction and Use of
Broadcasting Towers ..................................................................................... 7A-91
Performance Standards for Slaughterhouses ................................................. 7A-93
Planned Unit Development (PUD) ................................................................ 7A-93
Performance Standards for Landscaping ....................................................... 7A-96
Seasonal Outdoor Holiday Exhibition and Assembly ................................... 7A-97
ARTICLE IX
Section 7A-900
Section 7A-901
Section 7A-902
Section 7A-903
Section 7A-904
Section 7A-905
Adult Use Regulations. ............................................................ 7A-98 TO 7A-103
Definitions ..................................................................................................... 7A-98
Purpose ........................................................................................................ 7A-100
Adult Uses ................................................................................................... 7A-101
Adult Uses - Principal .................................................................................. 7A-101
Adult Uses - Accessory ............................................................................... 7A-102
Violation ...................................................................................................... 7A-103
Appendix A
Appendix B
Buildable Area Standards ................................................... follows Chapter 7A
Survey Requirements for Zoning Permit and
Building Permit Applications .............................................. follows Chapter 7A
CHAPTER 7B
SIGN REGULATIONS ..................................................... 7B-1 TO 7B-21
Section 7A-804
Section 7A-805
Section 7A-806
Section 7A-807
Section 7A-808
Section 7A-809
Section 7A-810
Section 7A-811
Section 7A-812
Section 7A-813
Section 7A-814
Section 7A-815
Section 7A-816
Section 7A-817
ARTICLE I
Section 7B-100
Section 7B-101
Title and Purpose ........................................................................................... 7B-1
Title .................................................................................................................. 7B-1
Purpose ............................................................................................................ 7B-1
ARTICLE II
Section 7B-200
Definitions and General Provisions ................................................ 7B-2 to 7B-8
Definitions ....................................................................................................... 7B-2
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Section 7B-201
Section 7B-202
General Provisions ........................................................................................... 7B-5
Construction and Repair .................................................................................. 7B-8
ARTICLE III
Section 7B-300
Section 7B-301
Section 7B-302
Section 7B-303
Section 7B-304
Section 7B-305
Section 7B-306
Section 7B-307
Section 7B-308
Section 7B-309
Section 7B-310
District Provisions ....................................................................... 7B-9 TO 7B-18
General............................................................................................................. 7B-9
Agriculture (AG) District. (RESERVED FOR FUTURE USE) ................. 7B-9
Agriculture Preserve (A/P) District. (RESERVED FOR FUTURE USE) .. 7B-9
Rural Residential (RR) District ....................................................................... 7B-9
Suburban Residential (SR) District ................................................................. 7B-9
Community Retail (CR) District .................................................................... 7B-10
Commercial Showroom (C/S) District .......................................................... 7B-11
Horse Racing (HR) District ........................................................................... 7B-12
Light Industrial (LI) District .......................................................................... 7B-14
Commercial Industrial (C/I) District ............................................................. 7B-16
I-35 Corridor Large Off-Premises Signs........................................................ 7B-16
ARTICLE IV
Section 7B-400
Section 7B-401
Section 7B-402
Section 7B-403
Section 7B-404
Administration and Enforcement ............................................ 7B-19 TO 7B-20
Sign Permits ................................................................................................... 7B-19
Nonconforming Signs. ................................................................................... 7B-20
Penalty. .......................................................................................................... 7B-20
Variance ......................................................................................................... 7B-20
Administration and Adjudication. ................................................................. 7B-20
CHAPTER 7C
WETLANDS ZONING REGULATIONS ........................ 7C-1 TO 7C-6
ARTICLE I
Section 7C-100
Section 7C-101
Title and Purpose. .......................................................................................... 7C-1
Title .................................................................................................................. 7C-1
Purpose. ........................................................................................................... 7C-1
ARTICLE II
Section 7C-200
Section 7C-201
Section 7C-202
General Provisions. ........................................................................ 7C-1 TO 7C-2
Jurisdiction ...................................................................................................... 7C-1
Superseding Affect .......................................................................................... 7C-2
Definitions. ...................................................................................................... 7C-2
ARTICLE III
Section 7C-300
Section 7C-301
Section 7C-302
Section 7C-303
Wetlands Zone ............................................................................... 7C-2 TO 7C-3
Wetlands Zone Defined ................................................................................... 7C-2
Wetlands Zone Map. ........................................................................................ 7C-2
Wetlands Zone Boundary Determinations....................................................... 7C-3
Posting and Publication of the Official Wetlands Zone Map .......................... 7C-3
ARTICLE IV
Section 7C-400
Section 7C-401
Section 7C-402
Development of Wetlands Restricted........................................................... 7C-4
General Restriction .......................................................................................... 7C-4
Setbacks ........................................................................................................... 7C-4
Nonconformities. ............................................................................................. 7C-4
ARTICLE V
Section 7C-500
Section 7C-501
Section 7C-502
Administration ............................................................................... 7C-4 TO 7C-5
Application. ..................................................................................................... 7C-4
Application Fee................................................................................................ 7C-4
Reimbursement by Applicant of Other City Costs and Fees ........................... 7C-4
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Section 7C-503
CHAPTER 7D
Penalty ............................................................................................................. 7C-5
STORM WATER MANAGEMENT REGULATIONS 7D-1 TO 7D-12
ARTICLE I
Section 7D-100
Section 7D-101
Title and Purpose ........................................................................................... 7D-1
Title .................................................................................................................. 7D-1
Purpose. ........................................................................................................... 7D-1
ARTICLE II
Section 7D-200
Findings .......................................................................................................... 7D-1
Findings ........................................................................................................... 7D-1
ARTICLE III
Section 7D-300
Definitions....................................................................................................... 7D-1
Definitions. ...................................................................................................... 7D-1
ARTICLE IV
Section 7D-401
Section 7D-402
Section 7D-403
Scope and Effect............................................................................. 7D-3 TO 7D-4
Applicability .................................................................................................... 7D-3
Exemptions ...................................................................................................... 7D-3
Waiver.............................................................................................................. 7D-4
ARTICLE V
Section 7D-500
Section 7D-501
Section 7D-502
Storm Water Management Plan Approval Procedures ............................. 7D-4
Intergovernmental Cooperation ....................................................................... 7D-4
Application. ..................................................................................................... 7D-4
Storm Water Management Plan. ...................................................................... 7D-4
ARTICLE VI
Section 7D-601
Section 7D-602
Section 7D-603
Section 7D-604
Section 7D-605
Plan Review Procedure ................................................................. 7D-6 TO 7D-7
Process. ............................................................................................................ 7D-6
Duration. .......................................................................................................... 7D-6
Conditions. ....................................................................................................... 7D-6
Performance Bond ........................................................................................... 7D-6
Fees .................................................................................................................. 7D-7
ARTICLE VII
Section 7D-701
Section 7D-702
Section 7D-703
Section 7D-704
Section 7D-705
Section 7D-706
Section 7D-707
Section 7D-708
Section 7D-709
Section 7D-710
Section 7D-711
Section 7D-712
Section 7D-713
Section 7D-714
Section 7D-715
Section 7D-716
Approval Standards..................................................................... 7D-7 TO 7D-11
Approval. ......................................................................................................... 7D-7
Site Dewatering ............................................................................................... 7D-7
Waste and Material Disposal ........................................................................... 7D-7
Tracking ........................................................................................................... 7D-7
Drain Inlet Protection ...................................................................................... 7D-7
Site Erosion Control ........................................................................................ 7D-7
Storm Water Management Criteria for Permanent Facilities .......................... 7D-8
Design Standards ............................................................................................. 7D-9
Wetlands. ......................................................................................................... 7D-9
Steep Slopes. .................................................................................................. 7D-10
Catch Basins .................................................................................................. 7D-10
Drain Leaders ................................................................................................ 7D-10
Inspection and Maintenance .......................................................................... 7D-10
Models/Methodologies/Computations........................................................... 7D-10
Watershed Management Plans/Groundwater Management Plans ................. 7D-10
Easements. ..................................................................................................... 7D-11
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ARTICLE VIII
Section 7D-801
Section 7D-802
Section 7D-803
Section 7D-804
Lawn Fertilizer Regulations ....................................................................... 7D-11
Use on Impervious Surfaces. ......................................................................... 7D-11
Unimproved Land Areas ................................................................................ 7D-11
Public Advisory on Fertilizer Content ........................................................... 7D-11
Buffer Zone .................................................................................................... 7D-11
ARTICLE IX
Section 7D-901
Section 7D-902
Section 7D-903
General Provisions ..................................................................... 7D-11 TO 7D-12
Penalty ........................................................................................................... 7D-11
Other Controls ............................................................................................... 7D-11
Severability .................................................................................................... 7D-12
CHAPTER 7E
SHORELAND MANAGEMENT REGULATIONS ...... 7E-1 TO 7E-17
ARTICLE I
Section 7E-100
Section 7E-110
Section 7E-120
Section 7E-130
Section7E-140
Section 7E-150
Authority, Title, Jurisdiction, Application and Interpretation ................. 7E-1
Title .................................................................................................................. 7E-1
Statutory Authority .......................................................................................... 7E-1
Jurisdiction ...................................................................................................... 7E-1
Application ...................................................................................................... 7E-1
Interpretation ................................................................................................... 7E-1
Severability ...................................................................................................... 7E-1
ARTICLE II
Section 7E-200
Definitions....................................................................................................... 7E-1
Definitions ....................................................................................................... 7E-1
ARTICLE III
Section 7E-300
Section 7E-310
Section 7E-320
Section 7E-330
Section 7E-340
Section 7E-350
Section 7E-360
General Provisions ......................................................................... 7E-5 TO 7E-7
Administration ................................................................................................. 7E-5
Compliance ...................................................................................................... 7E-5
Conditions ........................................................................................................ 7E-5
Interpretation and Application ......................................................................... 7E-5
Abrogation and Stricter Restrictions ............................................................... 7E-6
Nonconformities .............................................................................................. 7E-6
Subdivision of Land......................................................................................... 7E-7
ARTICLE IV
Section 7E-400
Shoreland Classifications .............................................................................. 7E-7
Shoreland Classifications and Land Use ......................................................... 7E-7
ARTICLE V
Section 7E-500
Section 7E-510
Dimensional and Performance Standards................................... 7E-8 TO 7E-9
Dimensional Standards .................................................................................... 7E-8
Performance Standards .................................................................................... 7E-9
ARTICLE VI
Section 7E-600
Section 7E-610
Section 7E-620
Section 7E-630
Section 7E-640
Section 7E-650
Administration ........................................................................... 7E-15 TO 7E-16
Administration ............................................................................................... 7E-15
Permit Required ............................................................................................. 7E-15
Certificates of Occupancy and Compliance .................................................. 7E-16
Variance from Standards ............................................................................... 7E-16
Conditional Uses............................................................................................ 7E-16
Interim Uses ................................................................................................... 7E-16
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Section 7E-660
Amendments .................................................................................................. 7E-16
ARTICLE VII
Section 7E-700
Section 7E-710
Section 7E-720
Enforcement ................................................................................................. 7E-16
Administrative Remedy ................................................................................. 7E-16
Civil Remedy ................................................................................................. 7E-16
Criminal Remedy ........................................................................................... 7E-16
ARTICLE VIII
Section 7E-800
Effective Date ............................................................................................... 7E-17
Effective Date ................................................................................................ 7E-17
CHAPTER 7F
FLOODPLAIN MANAGEMENT REGULATIONS ..... 7F-1 TO 7F-22
ARTICLE I
Section 7F-100
Section 7F-110
Section 7F-120
Section 7F-130
Section 7F-140
Section 7F-150
Section 7F-160
Authority, Title and Jurisdiction .................................................. 7F-1 TO 7F-2
Title ................................................................................................................... 7F-1
Purpose ............................................................................................................. 7F-1
Findings ............................................................................................................ 7F-1
Statutory Authority ........................................................................................... 7F-1
Jurisdiction ....................................................................................................... 7F-1
Application ....................................................................................................... 7F-1
Interpretation .................................................................................................... 7F-2
ARTICLE II
Section 7F-200
Definitions....................................................................................................... 7F-2
Definitions ........................................................................................................ 7F-2
ARTICLE III
Section 7F-300
Section 7F-310
Section 7F-320
Section 7F-330
Section 7F-340
Section 7F-350
General Provisions .......................................................................... 7F-4 TO 7F-5
Regulatory Flood Protection Elevation ............................................................ 7F-4
Compliance ....................................................................................................... 7F-4
Abrogation and Greater Restrictions ................................................................ 7F-4
Warning and Disclaimer of Liability ................................................................ 7F-4
Severability ....................................................................................................... 7F-5
Annexations ...................................................................................................... 7F-5
ARTICLE IV
Section 7F-400
Section 7F-410
Section 7F-420
Section 7F-430
Section 7F-440
Section 7F-450
Establishment of Overlay Zoning Districts ................................ 7F-5 TO 7F-10
Floodplain Districts Established ....................................................................... 7F-5
Zoning Map ...................................................................................................... 7F-5
Floodway and Flood Fringe Area Determinations ........................................... 7F-6
FP General Floodplain District ......................................................................... 7F-7
FW Floodway District ...................................................................................... 7F-7
FF Flood Fringe District ................................................................................. 7F-10
ARTICLE V
Section 7F-500
Section 7F-510
Section 7F-520
Subdivision of Land Within Floodplain ................................... 7F-13 TO 7F-14
Subdivision Regulations ................................................................................. 7F-13
Floodway/Flood Fringe Determinations ......................................................... 7F-13
Removal of Special Flood Hazard Area Designation ..................................... 7F-14
ARTICLE VI
Section 7F-600
Section 7F-610
Utilities, Railroads, Roads, and Bridges .................................................... 7F-14
Public Utilities ................................................................................................ 7F-14
Private Utilities ............................................................................................... 7F-14
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Section 7F-620
Railroads, Roads, and Bridges ........................................................................ 7F-14
ARTICLE VII
Section 7F-700
Placement of Recreational Vehicles ........................................................... 7F-14
Placement of Recreational Vehicles ............................................................... 7F-14
ARTICLE VIII
Section 7F-800
Section 7F-810
Section 7F-820
Section 7F-830
Section 7F-840
Administration ............................................................................ 7F-15 TO 7F-19
Zoning Administrator ..................................................................................... 7F-15
Permit Requirements ...................................................................................... 7F-15
Board of Adjustments and Appeals ................................................................ 7F-17
Conditional Uses and Interim Uses ................................................................ 7F-18
Amendments ................................................................................................... 7F-19
ARTICLE IX
Section 7F-900
Nonconforming Uses.................................................................................... 7F-20
Nonconforming Uses ...................................................................................... 7F-20
ARTICLE X
Section 7F-1000
Section 7F-1010
Violations and Enforcement ....................................................................... 7F-21
Violations........................................................................................................ 7F-21
Enforcement .................................................................................................... 7F-21
ARTICLE XI
Section 7F-1100
Effective Date ............................................................................................... 7F-22
Effective Date ................................................................................................. 7F-22
CHAPTER 8
SUBDIVISION REGULATIONS. ........................................ 8-1 TO 8-26
ARTICLE I
Section 8-101
Section 8-102
Purpose and Validity ....................................................................................... .8-1
Purpose .............................................................................................................. .8-1
Validity ............................................................................................................... 8-1
ARTICLE II
Section 8-201
Definitions.......................................................................................................... 8-1
Words and Phrases Defined ............................................................................... .8-1
ARTICLE III
Section 8-300
Applicability ...................................................................................................... 8-5
Application ........................................................................................................ .8-5
ARTICLE IV
Section 8-400
Section 8-401
Section 8-402
Section 8-403
Section 8-404
Section 8-405
Enforcement ......................................................................................... 8-5 TO 8-6
Approval Required............................................................................................. .8-5
Permits Not Issued. ............................................................................................ .8-5
Improvements Prohibited ................................................................................... .8-5
Exceptions. ........................................................................................................ .8-5
Sales Prohibited. ................................................................................................ .8-6
Violations, Penalties .......................................................................................... .8-6
ARTICLE V
Section 8-500
Section 8-501
Section 8-502
Section 8-503
Preliminary Plat................................................................................. 8-6 TO 8-11
Procedures for Preliminary Plat ......................................................................... .8-6
Data Required for Preliminary Plat. .................................................................. .8-7
Preliminary Plat Approval ............................................................................... .8-10
Environmental Evaluation of Areas to Be Dedicated to the Public ................ .8-11
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ARTICLE VI
Section 8-600
Section 8-601
Final Plat .......................................................................................... 8-12 TO 8-13
Procedure for Final Plat Approval and Recording .......................................... .8-12
Data Required On Final Plat ............................................................................ .8-13
ARTICLE VII
Section 8-700
Section 8-701
Section 8-702
Section 8-703
Section 8-704
Section 8-705
Section 8-706
Section 8-707
Section 8-708
Section 8-709
Section 8-710
Section 8-711
Section 8-712
Section 8-713
Section 8-714
Minimum Design Standards ........................................................... 8-14 TO 8-18
Street Plan ......................................................................................................... 8-14
Streets ............................................................................................................... 8-15
Alleys ................................................................................................................ 8-16
Intersections ...................................................................................................... 8-16
Curb and Gutter ................................................................................................ 8-16
Sidewalks .......................................................................................................... 8-16
Pedestrian Ways ............................................................................................... 8-17
Water Supply .................................................................................................... 8-17
Sanitary Sewer .................................................................................................. 8-17
Drainage ............................................................................................................ 8-17
Easements ......................................................................................................... 8-17
Street Names ..................................................................................................... 8-18
Blocks. .............................................................................................................. 8-18
Lots. .................................................................................................................. 8-18
Dedications of Public Lands. ............................................................................ 8-18
ARTICLE VIII
Section 8-800
Sections 8-801
through 8-803
Section 8-804
Section 8-805
Section 8-806
Section 8-807
Section 8-808
Section 8-809
Required Improvements ................................................................. 8-19 TO 8-23
Description of Required Improvements ............................................................ 8-19
ARTICLE IX
Section 8-900
Section 8-901
Minor Subdivisions ......................................................................................... 8-24
RESERVED ..................................................................................................... 8-24
Limitation on Certification and Recording of “Ancient” Minor
Subdivisions...................................................................................................... 8-24
ARTICLE X
Section 8-1001
Lot Reconfigurations (RESERVED)............................................................. 8-24
(RESERVED) .................................................................................................. 8-24
ARTICLE XI
Section 8-1100
Section 8-1101
Section 8-1102
Modifications, Exceptions and Variances ..................................... 8-24 TO 8-25
Standards for Variances .................................................................................... 8-24
Conditions and Restrictions .............................................................................. 8-25
Approval ........................................................................................................... 8-25
Appendix A
Standard Specifications for New Roadway
Construction ............................................................................ Follows Chapter 8
Subdivision Title Opinion and Survey
Requirements ...................................................................... Follows Appendix A
Appendix B
INTENTIONALLY LEFT BLANK .............................................................. 8-21
Construction Plans ............................................................................................ 8-21
Inspection .......................................................................................................... 8-21
Payment for Installation of Improvements ....................................................... 8-21
Development Contract Required ...................................................................... 8-21
Improvements Completed Prior to Approval of Final Plat ............................... 8-23
Reimbursement to City for Fees Incurred ........................................................ 8-23
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Appendix C
Appendix D1
Appendix D2
Acceptable Form of Letter of Credit .................................Follows Appendix B
Developer’s Contract Form ............................................... Follows Appendix C
Owner’s/Developer’s Affidavit
For Subdivision of Land................................................... Follows Appendix D1
Appendix D3
Minor Subdivision Hazardous Waste
Indemnity Agreement....................................................... Follows Appendix D2
Appendix E
Approved Form of Public Contractor’s Performance
Bond and Approved Form of Public Contractor’s
Payment Bond ................................................................... Follows Appendix D3
Resolution No. 82-8 Affecting the Recording of Subdivisions ........................... Follows Appendix E
[Clerk’s note: Res. No. 82-8 is an unofficial part
of the City Code.]
CHAPTER 9
ARTICLE I
Section 9-100
Section 9-101
Section 9-102
Section 9-103
Section 9-104
Section 9-105
Section 9-106
Section 9-107
Section 9-108
Section 9-109
Section 9-110
CHAPTER 10
EXCAVATION, MINING AND FILLING ............................ 9-1 TO 9-6
Permit Required .................................................................................. 9-1 TO 9-6
Purpose ............................................................................................................... 9-1
Definitions .......................................................................................................... 9-1
Applications ........................................................................................................ 9-1
Requirements. ..................................................................................................... 9-2
Interim Use ......................................................................................................... 9-3
Conditions ........................................................................................................... 9-3
Financial Guarantee For Repair of Damage to City Roads. .............................. 9-4
Issuance of Permit............................................................................................... 9-5
Scope of This Chapter ........................................................................................ 9-5
Violations............................................................................................................ 9-6
Validity ............................................................................................................... 9-6
QUASI-JUDICIAL PROCEDURES ................................... 10-1 TO 10-3
ARTICLE I
Section 10-100
Section 10-110
Section 10-120
Section 10-130
Title, Interpretation and Enactment ............................................................. 10-1
Title. .................................................................................................................. 10-1
Provision of Ordinance Declared to be Minimum Requirements .................... 10-1
Severability Clause. .......................................................................................... 10-1
Repeal of Conflicting Ordinances. ................................................................... 10-1
ARTICLE II
Section 10-200
Section 10-201
Section 10-202
Section 10-203
Procedures ........................................................................................ 10-1 TO 10-3
Application. ...................................................................................................... 10-1
Case Documentation ......................................................................................... 10-2
Noncontroversial Cases .................................................................................... 10-2
Adjudication Procedures. ................................................................................. 10-3
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CHAPTER 11
THE MINNESOTA UNIFORM FIRE CODE.............................. 11-1 TO 11-5
ARTICLE I
Adoption of Minnesota Uniform Fire Code ................................................. 11-1
ARTICLE II
Section 11-200
Section 11-201
Section 11-202
Enforcement .................................................................................................... 11-1
.......................................................................................................................... 11-1
.......................................................................................................................... 11-1
Abatement ......................................................................................................... 11-1
ARTICLE III
Section 11-300
Section 11-301
Definitions........................................................................................................ 11-2
.......................................................................................................................... 11-2
.......................................................................................................................... 11-2
ARTICLE IV
Establishment of Limits of Districts in Which Storage of
Flammable or Combustible Liquids in Outside Aboveground
Tanks is to be Prohibited ............................................................................... 11-2
.......................................................................................................................... 11-2
.......................................................................................................................... 11-2
Section 11-400
Section 11-401
ARTICLE V
Section 11-500
ARTICLE VI
Establishment of Limits In Which Bulk Storage of Liquified
Petroleum Gases Is To Be Restricted............................................................ 11-2
Limits ................................................................................................................ 11-2
Section 11-600
Establishment of Limits of Districts in Which Storage Of
Explosives and Blasting Agents Is To Be Prohibited .................................. 11-2
Limits ................................................................................................................ 11-2
ARTICLE VII
Section 11-700
Appeals............................................................................................................. 11-3
Appeals. ............................................................................................................ 11-3
ARTICLE VIII
Section 11-800
New Materials, Processes or Occupancies Which May Require
Permits ............................................................................................................. 11-3
Hearing Process. ............................................................................................... 11-3
ARTICLE IX
Section 11-900
Section 11-901
Penalties ........................................................................................................... 11-3
.......................................................................................................................... 11-3
.......................................................................................................................... 11-3
ARTICLE X
Repeal of Conflicting Ordinances ................................................................. 11-4
ARTICLE XI
Regulations and Standards for Placement of Street
Address Numbers............................................................................. 11-4 TO 11-5
Numbers Required ............................................................................................ 11-4
Persons Responsible ......................................................................................... 11-4
Visible Numbers ............................................................................................... 11-4
Placement of Numbers ...................................................................................... 11-4
Inspection. ......................................................................................................... 11-5
Penalty .............................................................................................................. 11-5
Section 11-1101
Section 11-1102
Section 11-1110
Section 11-1111
Section 11-1120
Section 11-1130
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CHAPTER 12
LIFE SAFETY CODE ......................................................................... 12-1
ARTICLE I
Adoption .......................................................................................................... 12-1
ARTICLE II
Purpose ............................................................................................................ 12-1
ARTICLE III
Abatement ....................................................................................................... 12-1
CHAPTER 13
BUILDING CODE ................................................................ 13-1 TO 13-5
ARTICLE I
Section 13-100
Section 13-101
Section 13-102
Section 13-103
Section 13-104
Adoption ........................................................................................... 13-1 TO 13-2
Codes Adopted by Reference ........................................................................... 13-1
Uniform Building Code (DELETED) ............................................................. 13-1
Existing Buildings ............................................................................................ 13-1
Storm Water Management Plan as a Prerequisite ............................................ 13-2
Building Code and Optional Chapters .............................................................. 13-2
ARTICLE II
Section 13-200
Section 13-201
Section 13-202
Section 13-203
Section 13-204
Section 13-205
Permits, Fees, Inspections ............................................................... 13-2 TO 13-3
Permits Required .............................................................................................. 13-2
Fees ................................................................................................................... 13-2
Plan-Checking Fee ............................................................................................ 13-3
Inspections. ....................................................................................................... 13-3
Re-Inspection. ................................................................................................... 13-3
Minnesota Electrical Act .................................................................................. 13-3
ARTICLE III
Section 13-300
Section 13-310
Violations and Penalties ................................................................................. 13-4
Violations.......................................................................................................... 13-4
Penalties. ........................................................................................................... 13-4
ARTICLE IV
Section 13-400
Section 13-401
Licenses, Fees and Requirements .................................................................. 13-4
Commercial Contractor’s License .................................................................... 13-4
Fees and Requirements ..................................................................................... 13-4
CHAPTER 14
ARTICLE I
Section 14-100
Section 14-110
Section 14-120
Section 14-130
Section 14-140
Section 14-141
Section 14-150
PUBLIC HEALTH, WELLS, SEWERS, AND
UTILITIES .......................................................................... 14-1 TO 14-34
Title and Interpretation .................................................................. 14-1 TO 14-2
Title ................................................................................................................... 14-1
Provision of Ordinance Declared to be Minimum Requirements .................... 14-1
Severability Clause. .......................................................................................... 14-1
Repeal of Conflicting Ordinance, Effective Date ............................................. 14-1
Application and Interpretation .......................................................................... 14-1
Abatement. ........................................................................................................ 14-2
Administration .................................................................................................. 14-2
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ARTICLE II
Section 14-200
Section 14-201
Section 14-210
Section 14-220
Section 14-230
Section 14-240
Section 12-250
Section 12-260
Private Wells .................................................................................... 14-2 TO 14-3
Adoption of State Code (DELETED) .............................................................. 14-2
Wells Regulated By State Law ......................................................................... 14-2
Restrictions (DELETED) ................................................................................ 14-2
Permit Required (DELETED) ......................................................................... 14-2
Application (DELETED) ................................................................................. 14-2
Permit Fees (DELETED)................................................................................. 14-2
Inspection (DELETED) ................................................................................... 14-2
Restrictions on Construction and Use (DELETED) ........................................ 14-3
ARTICLE III
Section 14-300
Section 14-301
Section 14-302
Section 14-303
Section 14-304
Section 14-305
Section 14-306
Section 14-307
Section 14-308
Section 14-309
Section 14-310
Section 14-311
Section 14-312
Section 14-313
Section 14-314
Section 14-315
Section 14-316
Section 14-317
Section 14-318
Section 14-319
Section 14-320
Section 14-321
Section 14-322
Section 14-323
Section 14-324
Section 14-325
Public Water System and Connections ........................................ 14-3 TO 14-14
Establishment of Department ........................................................................... 14-3
City Council ...................................................................................................... 14-3
Definitions ........................................................................................................ 14-3
Supervision and Plumbing Standards ............................................................... 14-4
Application, Permit, Usage and Connection Charge ........................................ 14-4
Required Connection to City Facilities ............................................................ 14-7
Failed Septic System......................................................................................... 14-8
City Inspector.................................................................................................... 14-8
Existing Drainage and Plumbing Systems ........................................................ 14-8
Installation of Connections ............................................................................... 14-9
Excavating Work .............................................................................................. 14-9
Construction Requirements .............................................................................. 14-9
Storm Water .................................................................................................... 14-10
Use Charges .................................................................................................... 14-10
Billing Regulations ......................................................................................... 14-10
Sewer Fund ..................................................................................................... 14-11
Water Fund ..................................................................................................... 14-11
Collection of Delinquent Charges .................................................................. 14-11
Water Metering Requirements........................................................................ 14-12
Water Meter Setting........................................................................................ 14-12
Restricted Hours of Sprinkling ....................................................................... 14-13
Separability of Sections .................................................................................. 14-13
Penalty Provision ............................................................................................ 14-13
Deferral of Sewer and Water Connection ...................................................... 14-14
Entry Upon Private Property .......................................................................... 14-14
Effective Date ................................................................................................. 14-14
ARTICLE IV
RESERVED FOR FUTURE USE ............................................................... 14-14
ARTICLE V
RESERVED FOR FUTURE USE ............................................................... 14-14
ARTICLE VI
Section 14-600
Section 14-601
Section 14-610
Section 14-620
Section 14-630
Section 14-631
Private Sewer Systems ................................................................. 14-15TO 14-26
Adoption of State Code .................................................................................. 14-15
Definitions ...................................................................................................... 14-15
Restrictions ..................................................................................................... 14-16
RESERVED FOR FUTURE USE ............................................................... 14-16
Conformance With State Requirements. ........................................................ 14-16
Order to Cease Use ......................................................................................... 14-16
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Section 14-632
Section 14-633
Section 14-634
Section 14-635
Section 14-636
Section 14-637
Section 14-640
Section 14-641
Section 14-642
Section 14-643
Section 14-644
Section 14-645
Section 14-646
Section 14-647
Section 14-648
Section 14-649
Section 14-650
Section 14-651
Section 14-652
Section 14-653
Section 14-654
Power to Enter Upon Property........................................................................ 14-16
Soil Treatment Area Required ........................................................................ 14-16
Alternative or Experimental Systems ............................................................. 14-17
Individual Sewage Treatment System Design and Construction
Requirements ................................................................................................. .14-17
Septic Reports ................................................................................................. 14-19
Compliance Inspections .................................................................................. 14-19
Construction Permit Required ........................................................................ 14-20
Application for Construction Permit .............................................................. 14-20
Construction and Investigation Permit Fees ................................................... 14-21
Construction Inspection. ................................................................................. 14-21
Backfilling ...................................................................................................... 14-22
Maintenance Inspection and Pumping ............................................................ 14-23
Pumping Permits and Fees.............................................................................. 14-24
Additional Inspections. ................................................................................... 14-24
Records ........................................................................................................... 14-25
Licensing......................................................................................................... 14-25
Emptying Septic Tanks ................................................................................... 14-25
Storage Distance from Buildings .................................................................... 14-25
Disposal of Contents ....................................................................................... 14-25
Approved Vehicle (DELETED) .................................................................... 14-26
Violations........................................................................................................ 14-26
ARTICLE VII
Section 14-700
Section 14-750
Section 14-751
Section 14-752
Section 14-753
Section 14-754
Solid Waste Management ........................................................... 14-26 TO 14-27
Adoption of County Ordinance ...................................................................... 14-26
Solid Waste Disposal ...................................................................................... 14-26
Definitions ...................................................................................................... 14-26
Recycling ........................................................................................................ 14-27
Composting ..................................................................................................... 14-27
Burial or Accumulation of Certain Solid Wastes Prohibited ......................... 14-27
ARTICLE VIII
Section 14-800
Section 14-801
Section 14-802
Section 14-803
Section 14-804
Regulation or Refuse Collectors ................................................. 14-27 TO 14-28
Definitions ...................................................................................................... 14-27
License Required ............................................................................................ 14-27
Administration ................................................................................................ 14-28
License Application and Requirements .......................................................... 14-28
Conditions of License ..................................................................................... 14-28
ARTICLE IX
Regulations For Hazardous Substances and
Petroleum Contaminated Soils ................................................... 14-29 TO 14-30
Title. ................................................................................................................ 14-29
Findings .......................................................................................................... 14-29
Purpose. .......................................................................................................... 14-29
Definitions ...................................................................................................... 14-29
Hazardous Substances ................................................................................... .14-30
Petroleum Contaminated Soils ...................................................................... .14-30
Violations and Remedies. .............................................................................. .14-30
Section 14-900
Section 14-901
Section 14-902
Section 14-903
Section 14-904
Section 14-905
Section 14-906
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ARTICLE X
Section 14-1000
Section 14-1001
Section 1002
Section 14-1003
Clandestine Drug Lab and Chemical Dump Sites .................... 14-30 TO 14-34
General Provisions .......................................................................................... 14-30
Administration ................................................................................................ 14-32
Appeal Procedure ........................................................................................... 14-34
Violations and Penalties ................................................................................. 14-34
Appendix A
SAC Criteria for Commercial Properties From
Metropolitan Council Environmental Services,
Service Availability Charge Procedure Manual
January 2005 ......................................................................... Follows Chapter 14
CHAPTER 15
PARK RULES AND REGULATIONS. .............................. 15-1 TO 15-7
ARTICLE I
Section 15-100
Definitions........................................................................................................ 15-1
Definitions. ....................................................................................................... 15-1
ARTICLE II
Section 15-200
Section 15-201
Section 15-202
Administration ................................................................................. 15-1 TO 15-3
Park Hours. ....................................................................................................... 15-1
Group Activities ............................................................................................... 15-1
Use of Parks While Closed. .............................................................................. 15-3
ARTICLE III
Section 15-300
Section 15-301
Section 15-302
Section 15-303
Section 15-304
Section 15-305
Section 15-306
Section 15-307
Section 15-308
Section 15-309
Section 15-310
Section 15-311
Section 15-312
Section 15-313
Section 15-314
Section 15-315
Section 15-316
Section 15-317
Rules and Regulations ..................................................................... 15-3 TO 15-6
Motor Vehicles ................................................................................................. 15-3
Fires. ................................................................................................................. 15-3
Vandalism. ........................................................................................................ 15-3
Advertisement. .................................................................................................. 15-4
Refuse in City Parks and Waters. ..................................................................... 15-4
Alcoholic and Intoxicating Beverages .............................................................. 15-4
Fireworks and Explosives ................................................................................. 15-4
Fishing. ............................................................................................................. 15-4
Unauthorized Golfing Prohibited. .................................................................... 15-4
Camping Prohibited .......................................................................................... 15-5
Disturbing the Peace - Conduct ........................................................................ 15-5
Glass in Parks ................................................................................................... 15-5
Audio Devices. ................................................................................................. 15-5
Games. .............................................................................................................. 15-5
Cutting Holes in Ice .......................................................................................... 15-5
No Hunting/No Firearms .................................................................................. 15-5
Archery ............................................................................................................. 15-6
Equestrian Activities......................................................................................... 15-6
ARTICLE IV
Section 15-400
Section 15-401
Section 15-402
Enforcement .................................................................................................... 15-6
Banishment ....................................................................................................... 15-6
Seizure of Property. .......................................................................................... 15-6
Enforcement, Separability and Penalties. ......................................................... 15-6
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CHAPTER 16A
COLUMBUS HOUSING CODE ................................... 16A-1 TO 16A-6
ARTICLE I
Section 16A-100
Section 16A-101
Section 16A-102
Section 16A-103
Title, Scope, Severability ............................................................................. 16A-1
Title ............................................................................................................... .16A-1
Purpose ......................................................................................................... .16A-1
Application ................................................................................................... .16A-1
Severability Clause ....................................................................................... .16A-1
ARTICLE II
Section 16A-200
Section 16A-201
Section 16A-202
Section 16A-203
Section 16A-204
Enforcement ............................................................................... 16A-1 TO 16A-2
Authority ....................................................................................................... .16A-1
Right of Entry. .............................................................................................. .16A-2
Responsibilities Defined. .............................................................................. .16A-2
Substandard Buildings .................................................................................. .16A-2
Violations...................................................................................................... .16A-2
ARTICLE III
Section 16A-300
Section 16A-301
Section 16A-302
Permits and Inspections .............................................................................. 16A-3
General .......................................................................................................... .16A-3
Fees. .............................................................................................................. .16A-3
Inspection. ..................................................................................................... .16A-3
ARTICLE IV
Section 16A-400
Section 16A-401
Section 16A-402
Definitions................................................................................... 16A-3 TO 16A-4
Definitions .................................................................................................... .16A-3
Nuisance. ...................................................................................................... .16A-4
Structure........................................................................................................ .16A-4
ARTICLE V
Section 16A-500
Uniform Housing Code 1998 – Selected Provisions.................................. 16A-4
Adoption of Selected Provisions .................................................................. .16A-4
ARTICLE VI
Section 16A-600
Section 16A-601
Section 16A-602
Notices and Orders of Building Official .................................................... 16A-5
Commencement of Proceedings ................................................................... .16A-5
Notice and Order .......................................................................................... .16A-5
Legal Action. ................................................................................................ .16A-5
CHAPTER 16B
DANGEROUS BUILDINGS CODE .............................. 16B-1 TO 16B-4
ARTICLE I
Section 16B-100
Section 16B-101
Section 16B-102
Section 16B-103
Title, Scope, Severability ............................................................................. 16B-1
Title ............................................................................................................... .16B-1
Purpose ......................................................................................................... .16B-1
Application ................................................................................................... .16B-1
Severability Clause ....................................................................................... .16B-1
ARTICLE II
Section 16B-200
Section 16B-201
Section 16B-202
Section 16B-203
Section 16B-204
Section 16B-205
Enforcement ............................................................................... 16B-1 TO 16B-2
Administration. ............................................................................................. .16B-1
Inspections .................................................................................................... .16B-1
Right of Entry. .............................................................................................. .16B-2
Abatement of Dangerous Buildings.............................................................. .16B-2
Violations...................................................................................................... .16B-2
Inspection of Work. ...................................................................................... .16B-2
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Section 16B-300
Section 16B-301
Definitions – Selected Provisions of Uniform Code
for Abatement of Dangerous Buildings ..................................................... 16B-3
Adoption of Selected Provisions .................................................................. .16B-3
Structure Defined .......................................................................................... .16B-3
ARTICLE IV
Section 16B-400
Section 16B-401
Section 16B-402
Section 16B-403
Notices and Order of Building Official ................................... 16B-3 TO 16B-4
Commencement of Proceedings ................................................................... .16B-3
Notice and Order. ......................................................................................... .16B-3
Legal Action. ................................................................................................ .16B-4
Abatement Costs Charged as Special Assessments. ..................................... .16B-4
ARTICLE III
CHAPTER 16C
VIOLATIONS ABATEMENT CODE.......................... 16C-1 TO 16C-3
ARTICLE I
Section 16C-100
Section 16C-101
Section 16C-102
Section 16C-103
Title, Scope, Severability ............................................................................. 16C-1
Title ............................................................................................................... .16C-1
Purpose ......................................................................................................... .16C-1
Application ................................................................................................... .16C-1
Severability Clause ....................................................................................... .16C-1
ARTICLE II
Section 16C-200
Section 16C-201
Section 16C-202
Section 16C-203
Section 16C-204
Abatement Proceedings ............................................................. 16C-1 TO 16C-2
Uniform Proceedings .................................................................................... .16C-1
State Law Authority for Civil Abatements ................................................... .16C-2
Commencement of Proceedings ................................................................... .16C-2
Abatement Order .......................................................................................... .16C-2
Abatement Costs Charged as Special Assessments ....................................... 16C-3
CHAPTER 17
RESERVED FOR FUTURE USE ...................................................... 17-1
CHAPTER 18
REGULATION OF UTILITIES ....................................... 18-1 TO 18-19
ARTICLE I
Section 18-101
Section 18-102
Findings and Purpose ...................................................................... 18-1 TO 18-2
Findings ............................................................................................................ 18-1
Purpose. ............................................................................................................ 18-2
ARTICLE II
Section 18-200
Section 18-201
Definitions........................................................................................................ 18-2
Application and Interpretation .......................................................................... 18-2
Words and Phrases Defined. ............................................................................. 18-2
ARTICLE III
Section 18-301
Section 18-302
Section 18-303
Section 18-304
Section 18-305
Construction of Facilities ................................................................ 18-3 TO 18-7
All Utilities Subject to this Chapter. ................................................................ 18-3
Utility Construction in Road Cross-Section ..................................................... 18-3
Construction Permits ........................................................................................ 18-4
Crossing Charged Pipelines .............................................................................. 18-5
Restriction on Multiple Gas Lines. ................................................................... 18-5
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Section 18-306
Section 18-307
Section 18-308
Section 18-309
Section 18-310
ARTICLE IV
Section 18-401
Section 18-402
Section 18-403
Section 18-404
Section 18-405
Section 18-406
Section 18-407
Section 18-408
Section 18-409
Section 18-410
Section 18-411
ARTICLE V
Restoration Work .............................................................................................. 18-5
Relocation of Utilities....................................................................................... 18-5
Relocation When Public Ground Vacated. ....................................................... 18-6
Street Improvements, Paving or Resurfacing ................................................... 18-6
Location of Above-Ground Facilities. .............................................................. 18-7
General Conditions Applicable To All Service Area
Licenses for Natural Gas Utilities .................................................. 18-7 TO 18-9
Indemnification ................................................................................................. 18-7
Adequate Supply............................................................................................... 18-8
Public Safety ..................................................................................................... 18-8
Assignment of Service Area Licenses .............................................................. 18-8
Licensee’s Annual Report ................................................................................ 18-8
Nonexclusive Service Areas ............................................................................. 18-8
Review or Revocation of a Service Area License ............................................ 18-8
Application for Service Areas License ............................................................. 18-9
Expansion of Service Areas .............................................................................. 18-9
Initial Service Area License Fees ..................................................................... 18-9
Open Areas Not Described Within Any Licensed Service Area ...................... 18-9
Section 18-500
Section 18-510
Section 18-520
Section 18-521
Conditional Nonexclusive Licenses for Service Areas
For Gas Utilities ........................................................................... 18-10 TO 18-17
Service Area Licenses. ................................................................................... 18-10
CenterPoint Energy Gas Franchise Ordinance 09-07 ..................................... 18-10
Conditional Service Area License For Northern States Power Company ...... 18-15
Conditional Service Area License For Northern States Power Company ..... 18-17
ARTICLE VI
Section 18-601
Section 18-602
Section 18-603
Miscellaneous Provisions ............................................................................. 18-18
Change in Form of Government .................................................................... .18-18
Severability .................................................................................................... .18-18
Penalty ........................................................................................................... .18-18
CHAPTER 19
SPECIAL ASSESSMENTS ................................................................ 19-1
ARTICLE I
Section 19-100
Section 19-101
.......................................................................................................................... 19-1
Power to Levy Assessments. ............................................................................ 19-1
Appeal. .............................................................................................................. 19-1
CHAPTER 20
FORESTRY REGULATIONS .......................................... 20-1 TO 20-11
ARTICLE I
Section 20-100
Section 20-101
Section 20-102
Section 20-103
Title, Policy, and Purpose .............................................................................. 20-1
Title ................................................................................................................... 20-1
Purpose ............................................................................................................. 20-1
Findings ............................................................................................................ 20-1
Policy ................................................................................................................ 20-1
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ARTICLE II
Section 20-200
Section 20-201
Section 20-202
Section 20-210
General Provisions ........................................................................... 20-2 TO 20-3
Jurisdiction ....................................................................................................... 20-2
Superseding Affect ........................................................................................... 20-2
Definitions.. ...................................................................................................... 20-2
City Tree Board ................................................................................................ 20-3
ARTICLE III
Section 20-300
Section 20-301
City Forester ................................................................................................... 20-4
Appointment of the Forester ............................................................................. 20-4
Authority of the Forester .................................................................................. 20-4
ARTICLE IV
Section 20-400
Section 20-401
Section 20-402
Section 20-403
Section 20-404
Section 20-405
Section 20-406
Section 20-407
Forests and Trees on Public Lands ................................................ 20-4 TO 20-6
Planting, Maintenance or Removal................................................................... 20-4
Planting Application Data ................................................................................ 20-4
Maintenance Application Data ......................................................................... 20-5
Removal of Tree ............................................................................................... 20-5
Public Tree Care ............................................................................................... 20-5
Abuse or Mutilation of Public Trees ................................................................ 20-5
Protection of Public Trees ................................................................................ 20-6
Permits Required .............................................................................................. 20-6
ARTICLE V
Section 20-501
Section 20-502
Section 20-503
Section 20-504
Section 20-505
Section 20-506
Section 20-507
Section 20-508
Section 20-509
Section 20-510
Section 20-511
Section 20-512
Shade Tree Diseases ....................................................................... 20-6 TO 20-08
Declaration of Policy ........................................................................................ 20-6
Designation of a Tree Disease Control Area. ................................................... 20-6
Appointment of a Tree Inspector ...................................................................... 20-7
Nuisances Declared (DELETED) .................................................................... 20-7
Abatement ( DELETED) ................................................................................. 20-7
Inspection and Investigation ............................................................................. 20-7
Interference Prohibited ..................................................................................... 20-8
Procedure for Notice of Infestation .................................................................. 20-8
Root Graft Disruption (Barriers) at Property Boundaries (DELETED).......... 20-8
Transporting Elm and Oak Wood Prohibited ................................................... 20-8
Assessment and Penalty (DELETED) ............................................................. 20-8
Separation of Provisions. .................................................................................. 20-8
ARTICLE VI
DEVELOPMENT GUIDELINES ................................................ 20-9 TO 20-10
Preamble to Article VI:. .................................................................................................................... 20-9
Section 20-600
Building Permit and Zoning Permit Guidelines. .............................................. 20-9
Section 20-601
Subdivision Design Guidelines. ....................................................................... 20-9
Section 20-602
Excavation Permit Guidelines .......................................................................... 20-9
Section 20-603
Tree Maintenance Plan ..................................................................................... 20-9
Section 20-604
Inspection for Oak Wilt and Shade Tree Pests ............................................... 20-10
Section 20-605
Tree Inspection Regulations. .......................................................................... 20-10
ARTICLE VII
Section 20-701
Section 20-702
Section 20-703
Penalties and City Remedies ....................................................... 20-10 TO 20-11
Penalty ............................................................................................................ 20-10
RESERVED FOR FUTURE USE ............................................................... 20-11
Separation of Provisions. ................................................................................ 20-11
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***********
OTHER MATERIALS INCLUDED IN THIS PUBLICATION WHICH ARE NOT AN
OFFICIAL PART OF THE CITY CODE:
Title
Adopted
A. APPENDIX A: UNCODIFIED ORDINANCES ............................................................ Tabbed Divider “A”
Ord. No. 13-08 An Ordinance Relating to and Regulating the Fee Schedule for the City of Columbus,
Anoka County, Minnesota for 2014 ......................................................... January 3, 2014
Ord. No. 13/06 An Ordinance Repealing The Cable Television Regulatory Ordinance No. 98-2
Ord. No. 13/05 City of Columbus Cable Franchise Ordinance – October 25, 2013
Ord. No. 12/08 An Ordinance Relating To and Regulating the Fee Schedule for the City of Columbus,
Anoka County, Minnesota for 2013 ........................................................ October 3, 2013
Ord. No. 11-10 An Ordinance Relating to and Regulating the Fee Schedule for the City of Columbus, .
Anoka County, Minnesota for 2012 ........................................................... April 27, 2011
Ord. No. 11-02 An Interim Ordinance Establishing a Moratorium On the Establishment of Canine
Kennels Within the City of Columbus ....................................................... April 21, 2011
Ord. No. 11-01 An Interim Ordinance Establishing a Moratorium on the Establishment of Animal
Kennels Within The City of Columbus ...................................................... April 21, 2011
Ord. No. 10-09 An Ordinance Relating to and Regulating the Fee Schedule for the City of Columbus,
Anoka County, Minnesota for 2011 ..................................................... December 8, 2010
Ord. No. 09-08 An Interim Ordinance Establishing a Moratorium on the Establishment of Off-Sale
Intoxicating Liquor Stores within the City of Columbus ................. November 19, 2009
Ord. No. 06-04 An Ordinance Establishing City Council Salaries ............................ December 14, 2006
Ord. No. 98-2
B. APPENDIX B:
Cable Communications Franchise Ordinance March 25, 1998 – Repealed by Ord. 13-06
effective December 5, 2013
DEFINITIONS AND SUBJECT MATTER INDEX TO THE
CITY CODE .................................................................................................. (DELETED)
C. APPENDIX C: HISTORICAL LIST OF ORDINANCES ........................................... Tabbed Divider “C”
1953 through 1994 (94-01)
1994 (94-02) through ________________ (14-02)
D. CITY PUBLICATIONS/POLICIES
1. EMPLOYMENT AND PERSONNEL POLICIES ...................................................................... .City Office
a. Employee Handbook effective January 1, 2004
b. Job Descriptions
2. CITY WAGE HISTORY..............................................................................................................City Offices
a. Compensation Scales
b. Medical Allowance
3. CITY POLICY BOOK .................................................................................................................City Offices
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Policy No.
a. SNOW
b. 03-01
c. 04-01
d. 04-02
e. 04-17
f. 05-01
g. 05-02
h.
i.
j.
k.
06-01
07-01
07-02
07-03
l.
m.
n.
o.
p.
q.
r.
s.
07-04
08-01
09-01
09-02
09-03
09-04
10-01
11-01
#Policy
Date Adopted
Snow Removal Policy ............................................................................... January 1, 1999
Freeway District ISTS Systems ................................................................ August 27, 2003
Signs “No Horses on Blacktop” .................................................................. April 28, 2004
Retention Schedule for Residential Building Permit Plans ................ December 29, 2004
Special Assessment Policy ....................................................................... August 11, 2004
Special Assessment Policy Road Definitions ................................................July 27, 2005
Point of Sale Septic System Reports
(when house sale does not take place) ............................................... September 14. 2005
Septic System Maintenance Policies ................................................................ Consensus
Phone Numbers on website ..................................................................... January 10, 2007
Publications for Website and Newsletter .................................................... April 11, 2007
Planning Commission, Advisory Boards and Special Events
Committee’s Recognition Policy ....................................................... November 28, 2007
City Council and Employee Expenditure Policy ................................. December 12, 2007
Out of State Travel .............................................................................. December 10, 2008
Planning Commission Admin. Policy...................................................... January 14, 2009
Automated External Defibrilator (AED) ............................................... February 11, 2009
Standard Specifications for New Roadway Construction ............................ June 10, 2009
Petty Cash Procedure .......................................................................... November 10, 2009
Employee Emergency Procedure Guide ............................................. November 10, 2010
Website Suggestion Box Response Policy ....................................................July 13, 2011
E.--K. (RESERVED FOR FUTURE USE)
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 9: EXCAVATION, MINING AND FILLING
CHAPTER 9
EXCAVATION, MINING AND FILLING
TABLE OF CONTENTS
CHAPTER 9
EXCAVATION, MINING AND FILLING ............................................. 9-1 TO 9-6
ARTICLE I
Section 9-100
Section 9-101
Section 9-102
Section 9-103
Section 9-104
Section 9-105
Section 9-106
Section 9-107
Section 9-108
Section 9-109
Section 9-110
PERMIT REQUIRED ............................................................................... 9-1 TO 9-6
Purpose ...................................................................................................................... 9-1
Definitions ................................................................................................................. 9-1
Application ................................................................................................................ 9-1
Requirements............................................................................................................. 9-2
Interim Use ................................................................................................................ 9-3
Conditions ................................................................................................................. 9-3
Financial Guarantee For Repair of Damage to City Roads....................................... 9-4
Issuance of Permit. .................................................................................................... 9-5
Scope of This Chapter ............................................................................................... 9-5
Violations .................................................................................................................. 9-6
Validity...................................................................................................................... 9-6
City of Columbus
Anoka County, Minnesota
City Code, Chapter 9: EXCAVATION, MINING AND FILLING
CHAPTER 9
EXCAVATION, MINING AND FILLING
ARTICLE I
PERMIT REQUIRED
SECTION 9-100.
PURPOSE. No person shall excavate, mine or fill any land or wetland,
transport any excavation or fill, or operate a business for excavating, mining, or filling unless an
Excavation, Mining, or Fill Permit shall have been approved by the City Council.
[Section 9-100 amended by Ord. No. 89-13, effective December 8, 1989, amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 9-101.
DEFINITIONS. The following words, when used in this Chapter, shall have
the meanings ascribed to them:
A.
“Person” - Any individual, partnership, firm or corporation whether fee owner, assignee,
contract holder or other, or any agent or employee thereof, having an interest as an owner of any
land where mining or filling takes place.
B.
“Excavation” or “Fill” or “Mining” - The removal, mining, digging, filling or
transportation of more than one hundred (100) cubic yards of earthly deposits.
C.
“Earthly Deposits” - Soil, clay, peat, dirt, sand, gravel, stone or other fill material, the
primary characteristic of which is mineral.
[Section 9-101 amended by Ord. No. 89-13, effective December 8, 1989.]
SECTION 9-102.
APPLICATIONS.
A.
GENERAL APPLICATION. Application for an Excavation, Mining, or Fill Permit
shall be made by the fee owner of the land where the proposed Excavation, Mine, or Fill will be
located and presented to the City Administrator who shall review the application with the
assistance of the City Engineer. If the Zoning Administrator finds that the application is
complete in all respects and that the proposed excavation, filling, or mining falls within the
guidelines for permissible activities under § 9-103 of the City Code, then the permit may be
issued administratively.
If the application falls outside of the guidelines or if a difficult or doubtful issue is
presented in the application, then the Zoning Administrator shall present said application to the
City Planning Commission, together with any recommendations he or she deems appropriate.
The Planning Commission shall conduct a public hearing and other proceedings and then make
recommendations to the City Council. Said application shall be in a form designated by the City
Council and shall contain among other things:
1. The name and address of the fee owner of the proposed Excavation, Mine, or Fill.
2. Two copies of a Site Plan of the Excavation or Fill on a scale of one inch to one
hundred (100) feet showing any existing or proposed Excavation, Mine, or Fill in depth
and area, and showing a minimum of three hundred (300) feet of land adjacent to the
proposed Excavation, Mine, or Fill and any structures, improvements, and roads located
thereon, together with proposed drainage plans and finished grade plans for the
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 9: EXCAVATION, MINING AND FILLING
Excavation, Mine, and Fill both during and after operation. The application must be
accompanied by either a certificate of exemption or an approved wetlands replacement
plan issued pursuant to Chapter 7C of this City Code. The site plan shall be
accompanied by the Storm Water Management Plan required by Chapter 7D. The site
plan shall also show the location of the Mature Trees and Wooded Areas, if any, on the
land and shall be accompanied by a tree protection plan so that a determination can be
made that the proposed excavation, filling, mining, or related development will be in
compliance with the tree protection provisions of Chapter 20 of this City Code. (See
City Code § 20-202 for definitions of “Mature Trees” and “Wooded Areas.”)
3. The legal description of the tract or parcel upon which the proposed Excavation,
Mine, or Fill is located.
4. The route proposed for the transportation of earthly deposits to or from the Site from
the boundary of the proposed Excavation, Mine, or Fill to the City limits.
5. The estimated period of time that the Excavation, Mine, or Fill is to be operated and
the days and hours of operation.
6. $50.00 fee to defray the City’s costs in administering the application, including the
costs of conducting a public hearing in the event that a public hearing becomes
necessary.
B.
APPLICATION WITH OTHER DEVELOPMENT WORK. When the application
for an Excavation, Mining, or Fill Permit is made in conjunction with other development work
which requires proceedings and a public hearing before the Planning Commission, and is
intended to comply with some other legal requirement, e.g., creation of a Buildable Area,
construction of a road in a new development, mitigation of damage to wetlands, or to improve a
local drainage pattern, then the applicant shall not be required to pay the fees otherwise required
by this Section.
[Section 9-102 amended by Ord. No. 89-13, effective December 8, 1989, amended by Ord. No. 93-2, effective June 11, 1993, amended by Ord.
No. 94-5, effective January 12, 1996, amended by Ord. No. 93-1, effective February 2, 1996, amended by Ord, No. 07-02, effective March 1,
2007, amended by Ord. No. 09-04, effective March 19, 2009.]
SECTION 9-103.
REQUIREMENTS. The Planning Commission may recommend and the City
Council may direct the City Administrator to issue a Interim Use Permit for Excavation, Mining, or
Filling upon finding that:
A.
The establishment, maintenance and operation of the Mine, Excavation or Fill will not be
injurious to the use and enjoyment of other property in the City for the uses already permitted in
the district.
B.
The Excavation, Mine, or Fill will not impede the normal and orderly development and
improvement of surrounding property for uses already permitted in the district.
C.
The hours and days of operation, the temporary and finished grade plan, the temporary
and finished drainage plan, and the operation of the Excavation, Mine, or Fill generally, will not
be injurious to the health, safety, welfare, comfort or convenience of the public.
D.
The transportation of the earthly deposits will not cause damage to any public roads or
streets, or that the applicant has stated the willingness to provide financial guarantees to the City
to pay for restoration of foreseeable damage to public roads.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 9: EXCAVATION, MINING AND FILLING
E.
Where Filling is proposed, the applicant has first obtained either a permit or letter of
nonapplicability from the U.S. Army Corps of Engineers, the Minnesota Department of Natural
Resources, and Anoka County (shoreland and flood plain regulation).
F.
The City Engineer has given written recommendation for approval of the application,
with or without recommendations for special or unique conditions or restrictions.
G.
All of the standards in § 7A of this City Code, “General Standards Applicable to All
Interim Uses,” will be met by the applicant.
H.
If the applicant proposes to sell excavated material and the applicant’s land is zoned
Rural Residential (R5), that all of the standards of § 7A-822A will be met by the applicant.
I.
That the applicant’s proposed use will meet or exceed the performance standards
contained in § 7A-833 of this City Code.
J.
The applicant’s proposed use is accompanied by an approved Storm Water Management
Plan issued pursuant to Chapter 7D of this City Code.
[Section 9-103 amended by Ord. No. 89-13, effective December 8, 1989, amended by Ord. No. 94-5, effective January 12, 1996, amended by
Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-04, effective March 19, 2009.]
SECTION 9-104.
INTERIM USE. The removal, mining, or filling of earthly deposits is deemed
to be an Interim Use in all zoning districts, and compliance with procedures outlined herein is deemed to
be compliance with the procedures as set forth in the Zoning Ordinance of City of Columbus. The
application for an Excavation, Mining, or Fill Permit shall be administered and adjudicated in accordance
with the Interim Use Permit procedures and standards of Chapter 7A of this Code, with one exception to
the procedures: an application may be administered and permits may be issued by the Zoning
Administrator if the Zoning Administrator determines that there are no difficult or doubtful issues
presented in the application which would require a public hearing before the Planning Commission and
adjudication by the City Council.
[CHAPTER 9, Article I, Section 105 (now § 9-104) amended by Ord. No. 86-3, effective February 21, 1986, [Section 9-104 amended by Ord.
No. 89-13, effective December 8, 1989, amended by Ord. No. 94-5, effective January 12, 1996, amended by Ord. No. 07-02, effective March 1,
2007, amended by Ord. No. 09-04, effective March 19, 2009.]
SECTION 9-105.
CONDITIONS. The City Administrator or the Planning Commission may
recommend, and the City Council may impose such conditions and restrictions upon the location,
maintenance, transportation, operation or restoration of the Excavation, Mine, or Fill as are deemed
necessary to secure compliance with the requirements of this Ordinance.
All conditions and restrictions shall be stated on the Interim Use Permit and shall, at a minimum,
include the following:
A.
“The owner of the land shall, at all times during the life of this Interim Use Permit,
maintain the land in compliance with the City Code, state and federal law and with the other
conditions of this Permit. Noncompliance may result in modification, suspension, or revocation
of this Permit or in prosecution as the law may provide.”
B.
“The owner of the land is hereby authorized to (excavate, mine or fill) ____ cubic yards
of ___ (from or on) the land.”
C.
“The legal description of the property for which this Permit is issued is as follows:”
(legal description)
D.
“This Permit shall expire on (definite date).”
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 9: EXCAVATION, MINING AND FILLING
E.
“The hours of operation during which trucks, vehicles, machinery, heavy equipment,
pumps, engines and other noise generating devices or machines may be used are restricted and
shall be no earlier than 7:00 a.m., and no later than 5:30 p.m., Monday through Friday (unless
more restrictive hours are stated).”
F.
“Dust control and erosion control measures shall be employed at all times during the life
of this Permit, both on the land and on any roads used under this Permit. The measures employed
shall be in accord with Erosion Control Standards adopted from time to time by Resolution of the
City Council upon the recommendation of the City Engineer.”
If the Permit includes use of public roads for hauling or transportation of fill, the Permit shall
also include:
G.
A description of the number, type and size of traffic control devices (e.g., “Trucks
Hauling” signs) to be maintained during the life of this Permit by the owner of the land;
H.
The axle weight restrictions (if any) imposed upon truck hauling to and from the site;
I.
Proper construction of the entrance/exit to and from the city road for the site;
J.
The amount of cash, Performance Bond or Letter of Credit to be deposited or posted with
the City Treasurer to guarantee to the City that any damage to a public road will be repaired at
the expense of the Permit holder and to guarantee reimbursement to the City for periodic road
inspections by the City Engineer;
K.
A notice to the Permit holder that use of public roads for hauling to or from the site is
subject to road and weather conditions, and that upon the advice and recommendation of either
the City Road Maintenance Supervisor or the City Engineer, the City Administrator may order a
suspension of hauling until conditions improve;
L.
The prescribed routes by which all loaded and unloaded trucks must use in traveling
through the City; and
M.
Any other conditions or restrictions upon the use which are imposed by the City Council
in the interest of public health, safety, and welfare. (See the list of examples in § 7A-564 of this
City Code.)
[Section 9-105 amended by Ord. No. 89-13, effective December 8, 1989, amended by Ord. No. 07-02, effective March 1, 2007, amended by
Ord. No. 09-04, effective March 19, 2009.]
SECTION 9-106.
FINANCIAL GUARANTEE FOR REPAIR OF DAMAGE TO CITY
ROADS.
A.
Cash or Letter of Credit Required. Where the Permit includes use of city roads for
hauling or transportation of excavated material or fill, the City Council shall require that the
Permit holder post either a cash deposit or an Irrevocable Letter of Credit with the City Treasurer
to guarantee to the City that any damage to a city road will be repaired at the expense of the
Permit holder and to guarantee reimbursement to the City for periodic road inspections by the
City Engineer.
B.
Amount. The required amount of cash or of the letter of credit shall be based upon the
written recommendation of the City Engineer and shall be an amount which is deemed sufficient
to guarantee the Permit holder’s compliance with the road repair requirement stated in A., above.
C.
Duration of Deposit. The cash guarantee shall remain on deposit with the City Treasurer
until the Permit has expired. The alternative letter of credit shall be valid through the expiration
date of the Permit and shall remain on deposit until the permit has expired.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 9: EXCAVATION, MINING AND FILLING
D.
Form of Letter of Credit. The letter of credit, if used, shall be in an approved form of the
Irrevocable Letter of Credit. Each letter of credit shall not be accepted until reviewed and
approved by the City Attorney.
E.
Determination of Damage. “Damage” to a city road as a result of issuance of a permit
for excavation, mining, or filling is defined as any condition of the road or right-of-way which, in
the opinion of the City Engineer (based upon pre-excavation and post-excavation inspections and
upon city road maintenance records), (1) is beyond normal wear and tear for that road, and (2)
was caused by trucks, vehicles or equipment traveling to and from the permitted site.
F.
Repairs Required. Road damage resulting from permitted activities shall be repaired by
the City and billed to the Permit holder. The Permit holder shall reimburse the City within
fifteen (15) days from the date of the billing for road repairs and engineering fees. If the Permit
holder does not pay the bill within the fifteen (15) day period, the City shall reimburse itself by
making a draw against either the cash deposit or the letter of credit.
G.
Suspension of Permit for Draws Against Deposits. If the City makes a draw against
either a cash deposit or a letter of credit as described above, all permitted activities under the
Interim Use Permit shall then be immediately ceased and the Permit shall be suspended. The
City Administrator shall have the authority to issue the suspension order to the Permit holder.
The suspension shall continue until:
1.
The Permit holder restores either the cash deposit or the letter of credit to the
original amount as stated on the Permit, or,
2.
Action of the City Council.
Such suspension shall cause the permit to be reviewed and adjudicated according to the
procedures of Chapter 10 of this City Code. Review proceedings may result in
reinstatement, modification, continued suspension, or revocation of the Interim Use
Permit.
[Section 9-106 amended by Ord. No. 89-13, effective December 8, 1989, amended by Ord. No. 07-02, effective March 1, 2007, amended by
Ord. No. 09-04, effective March 19, 2009.]
SECTION 9-107.
ISSUANCE OF PERMIT. Activities authorized by a Permit shall not be
commenced until the City Administrator has issued the Permit to the applicant or until such later date as
may be prescribed in the Permit. The City Administrator may issue an Interim Use Permit to an applicant
when:
A.
The City Council has approved and signed the Permit;
B.
The applicant has reimbursed the City for its costs in processing the Permit application,
including fees charged by the City Engineer or City Attorney;
C.
The applicant has delivered a check to the City Administrator to pay for the costs of
recording the Permit with the County Recorder/Registrar of Titles.
D.
The applicant has made either a cash deposit or deposit of an approved letter of credit.
[Section 9-107 added to Chapter 9 by Ord. No. 89-13, effective December 8, 1989, amended by Ord. No. 07-02, effective March 1, 2007,
amended by Ord. No. 09-04, effective March 19, 2009.]
SECTION 9-108.
SCOPE OF THIS CHAPTER. This Chapter is intended to regulate
excavation, mining, or filling involving a cumulative mass of one hundred (100) cubic yards or more. By
not regulating smaller excavations, mines, or fills (i.e., less than one hundred (100) cubic yards), the City
Council finds that most typical construction of single family homes and of business buildings should be
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 9: EXCAVATION, MINING AND FILLING
achievable without being subjected to the provisions of this Chapter. Land owners are advised that the
limited scope of this Chapter does not relieve them of the responsibility to ensure that their small
excavation or fill meets the requirements of the local watershed management, the county, or the state or
federal government.
[Section 9-108 added to Chapter 9 by Ord. No. 89-13, effective December 8, 1989, amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 9-109.
VIOLATIONS.
A.
Any person violating the terms of this Chapter or the restrictions or conditions of any
Excavation, Mining, or Fill Permit issued thereunder shall be the guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine or imprisonment in accordance with the
provisions of Chapter 1, Section 1-109 of this City Code.
B.
The imposition of criminal penalties shall not preclude action of the City Council by way
of Injunction or Forfeiture of cash deposit or letter of credit or other civil remedy. The City
Council may concurrently commence review proceedings under Chapter 10 of this City Code,
which may result in reinstatement, modification, suspension, or revocation of the Conditional
Use Permit.
C.
Time is of the essence: each separate act performed in violation of this Chapter or of an
Excavation, Mining, or Fill Permit shall be deemed a separate offense.
[Chapter 9, Article I, Section 106 (now § 9-109), amended by Ord. No. 86-3, effective February 21, 1986, amended by Ord. No. 89-13,
effective December 8, 1989, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 92-2, effective April 17, 1992.]
SECTION 9-110.
VALIDITY. If any section, subsection, sentence, clause or phrase of this
Chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the
remaining provisions of this Chapter.
[Section 9-110 added to Chapter 9 by Ord. No. 89-13, effective December 8, 1989, amended by Ord. No. 07-02, effective March 1, 2007.]

History of ordinances affecting the text of Chapter 9 (since codification on August 26, 1981):
Ord. No. 86-3, effective February 21, 1986.
Ord. No. 89-13, effective December 8, 1989.
Ord. No. 92-2, effective April 17, 1992.
Ord. No. 93-2, effective June 11, 1993.
Ord. No. 94-5, effective January 12, 1996.
Ord. No. 93-1, effective February 2, 1996.
Ord. No. 07-02, effective March 1, 2007.
Ord. No. 09-04, effective March 19, 2009.
This Chapter has been updated through the date of the latest ordinance listed above.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 10: QUASI-JUDICIAL PROCEDURES
CHAPTER 10
QUASI-JUDICIAL PROCEDURES
TABLE OF CONTENTS
CHAPTER 10
QUASI-JUDICIAL PROCEDURES .................................................... 10-1 TO 10-3
ARTICLE I
Section 10-100
Section 10-110
Section 10-120
Section 10-130
TITLE, INTERPRETATION AND ENACTMENT .......................................... 10-1
Title. ........................................................................................................................ 10-1
Provision of Ordinance Declared to be Minimum Requirements ........................... 10-1
Severability Clause.................................................................................................. 10-1
Repeal of Conflicting Ordinances. .......................................................................... 10-1
ARTICLE II
Section 10-200
Section 10-201
Section 10-202
Section 10-203
PROCEDURES ...................................................................................... 10-1 TO 10-3
Application. ............................................................................................................. 10-1
Case Documentation ............................................................................................... 10-2
Noncontroversial Cases ........................................................................................... 10-2
Adjudication Procedures. ........................................................................................ 10-3
City of Columbus
Anoka County, Minnesota
City Code, Chapter 10: QUASI-JUDICIAL PROCEDURES
CHAPTER 10
QUASI-JUDICIAL PROCEDURES
ARTICLE I
TITLE, INTERPRETATION AND ENACTMENT
SECTION 10-100.
TITLE. This Ordinance shall be known and may be cited as the “Quasi-Judicial
Procedures Ordinance of the City of Columbus, Minnesota.”
[§ 10-100 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 10-110.
PROVISION OF ORDINANCE DECLARED TO BE MINIMUM
REQUIREMENTS. This Ordinance is intended to provide minimum procedural safeguards for the
individual where the power of the City is focused upon the individual. This Ordinance shall serve as a
guide to the City Council, the Planning Commission and any other agency of the City as to the procedure
to be used in adjudicating individual cases. Where the requirements of this Ordinance are at variance or
in any other way conflict with the requirements of State or Federal Law, the more restrictive law or that
law imposing the higher standards shall govern.
[§ 10-110 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 10-120.
SEVERABILITY CLAUSE. Should any section, subsection, paragraph,
subparagraph, clause, words, or provision of this Ordinance be declared by any Court of competent
jurisdiction to be unconstitutional or invalid, such decisions shall not effect the validity of the Ordinance
as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
SECTION 10-130.
REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of
ordinances or parts of the City Code in conflict with this Quasi-Judicial Procedures Ordinance or
inconsistent with the provisions of this Ordinance, are hereby repealed to the extent necessary to give this
Ordinance full force and effect, except where such conflict or inconsistency provides more stringent
procedural safeguards to the individual, in which case the more stringent procedures shall apply.
[§ 10-130 amended by Ord. No. 07-02, effective March 1, 2007.]
ARTICLE II
PROCEDURES
SECTION 10-200.
APPLICATION. In all matters where the circumstances or application of the
individual are to be adjudicated, these procedures shall apply. Examples of situations which require
application of these procedures include, but are not limited to:
A.
Zoning matters under Chapter 7A and 7B –
1.
All Variance applications;
2.
All Conditional Use Permit applications;
3.
All proceedings to revoke a Conditional Use Permit;
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 10: QUASI-JUDICIAL PROCEDURES
B.
C.
D.
E.
4.
All cases requiring a decision on the status of Nonconforming Use.
Subdivision matters under Chapter 8 –
1.
All Variance applications;
2.
All minor subdivision applications which do not appear to comply with the
Ordinance.
Licensing matters under Chapter 4 –
1.
All licensing matters which require a hearing.
Employee or Appointee Status Hearing –
1.
All hearings to adjudicate the disciplining or termination of a City employee or a
City appointee. (Note: privacy laws and data practices laws may require such hearings
to be closed to the public.)
Excavation permit matters under Chapter 9 1.
All excavation permit matters which require a hearing.
[§ 10-200 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 10-201.
CASE DOCUMENTATION.
A.
Every case or application under Chapters 7A, 7B, 8 and 9 shall be established as a
separate City file and shall be identified as a “Planning Case,” as follows:
(Example)
Planning Case 85-001


Year of Sequential
Origination Numbering
B.
Every licensing matter requiring a hearing under Chapter 4 shall be established as a
separate City file and shall be identified as a “Licensing Case,” as follows:
(Example)
Licensing Case 85-001


Year of
Sequential
Origination Numbering
C.
Every employee or appointee status matter shall be established a separate City file (if a
file has not already been established for the individual) and shall be identified as a “Personnel
File.”
[§ 10-201 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 10-202.
NONCONTROVERSIAL CASES. In recognition of the fact that many
noncontroversial cases will come before the Planning Commission and before the City Council pursuant
Chapters 4, 7A, 7B, 8 and 9, this Section permits an expedited procedure which avoids the procedures of
§ 10-203 below. “Noncontroversial cases” are those where, on first examination, it clearly appears from
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 10: QUASI-JUDICIAL PROCEDURES
the application and other documentation in the case file that the application (1) is not a case which is
required by Ordinance to be subjected to a public hearing, (2) the application is in full compliance with
the governing Ordinance(s), and (3) does not require the exercise of discretionary judgment by the
Planning Commission or City Council.
After first examination, the chairperson of the Planning Commission may identify the case as a
noncontroversial case. Any dispute at the Planning Commission as to the noncontroversial status to the
case renders the case controversial, requiring application of § 10-203 procedures.
Where it later appears to the City Council that the Planning Commission erroneously
expedited a case as noncontroversial, the City Council shall refer the case back to the Planning
Commission for application of § 10-203 procedures.
[§ 10-202 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 10-203.
ADJUDICATION PROCEDURES.
A.
An applicant or individual is entitled to proper notice and a fair hearing prior to the final
decision in his case.
B.
The City Clerk, upon instruction from the City Council or Planning Commission, shall
issue and publish before the hearing a notice which specifies the time and place of the hearing, a
reasonably definite statement of the result sought, a short statement of the facts of the matter, and
a statement that the applicant or individual has the right to be present and to be represented by
Counsel. (Note: Particular ordinances or laws may dictate exact notice and publication
requirements.)
C.
The hearing may be held before the City Council or the primary evidentiary hearing may
be referred to the Planning Commission.
D.
The applicant or individual shall have the right to cross-examine witnesses who testify
against him, and, the applicant or individual shall have the right to produce witnesses and
evidence in his behalf.
E.
If the Planning Commission conducts the evidentiary hearing, it shall make a full written
report of its proceedings to the City Council and shall forward the case file with the report. The
report shall include minutes of Planning Commission meetings and hearings where the case was
discussed or heard. The minutes must show all of the findings of fact, all the conclusions to be
drawn from the facts, and the recommendation to the City Council.
F.
The City Council shall give full consideration and a fair determination of the matter
according to the record of proceedings before the Planning Commission and according to any
other evidence submitted directly to the City Council.
G.
A recording or verbatim transcript of the hearing or hearings shall be made and kept as a
part of the case file. If the City Council conducts all of the hearings and proceedings in a case,
the same quality of case record as shown in paragraph E above must be produced and preserved.
[§ 10-203 amended by Ord. No. 02-07, effective March 1, 2007.]

[Former Chapter 10, “Signs”, has been amended and renumbered as Chapter 7B by Ord. No. 89-1, effective July
21, 1989. New Chapter 10, “Quasi-Judicial Procedures”, added by Ord. No. 89-1, effective July 21, 1989.]
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PAGE 10-3
City of Columbus
Anoka County, Minnesota
City Code, Chapter 10: QUASI-JUDICIAL PROCEDURES
History of ordinances affecting the text of Chapter 10 (since adoption of Ord. No. 89-1):
Amended by Ord. No. 02-07, effective March 1, 2007.
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PAGE 10-4
City of Columbus
Anoka County, Minnesota
City Code, Chapter 11: THE MINNESOTA UNIFORM FIRE CODE
CHAPTER 11
THE MINNESOTA UNIFORM FIRE CODE
TABLE OF CONTENTS
CHAPTER 11
THE MINNESOTA UNIFORM FIRE CODE .............................. 11-1 TO 11-5
ARTICLE I
ADOPTION OF MINNESOTA UNIFORM FIRE CODE ......................... 11-1
ARTICLE II
Section 11-200
Section 11-201
Section 11-202
ENFORCEMENT ........................................................................................... 11-1
.......................................................................................................................... 11-1
.......................................................................................................................... 11-1
Abatement ......................................................................................................... 11-1
ARTICLE III
Section 11-300
Section 11-301
DEFINITIONS ................................................................................................ 11-2
.......................................................................................................................... 11-2
.......................................................................................................................... 11-2
ARTICLE IV
ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE
OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE
ABOVEGROUND TANKS IS TO BE PROHIBITED ............................... 11-2
.......................................................................................................................... 11-2
.......................................................................................................................... 11-2
Section 11-400
Section 11-401
ARTICLE V
Section 11-500
ARTICLE VI
ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF
LIQUIFIED PETROLEUM GASES IS TO BE RESTRICTED ............... 11-2
Limits ................................................................................................................ 11-2
Section 11-600
ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH
STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS
TO BE PROHIBITED.................................................................................... 11-2
Limits ................................................................................................................ 11-2
ARTICLE VII
Section 11-700
APPEALS ........................................................................................................ 11-3
Appeals. ............................................................................................................ 11-3
ARTICLE VIII
Section 11-800
NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH
MAY REQUIRE PERMITS .......................................................................... 11-3
Hearing Process. ............................................................................................... 11-3
ARTICLE IX
Section 11-900
Section 11-901
PENALTIES .................................................................................................... 11-3
.......................................................................................................................... 11-3
.......................................................................................................................... 11-3
City of Columbus
Anoka County, Minnesota
City Code, Chapter 11: THE MINNESOTA UNIFORM FIRE CODE
ARTICLE X
REPEAL OF CONFLICTING ORDINANCES .......................................... 11-4
ARTICLE XI
REGULATIONS AND STANDARDS FOR PLACEMENT OF
STREET ADDRESS NUMBERS ................................................... 11-4 TO 11-5
Numbers Required ............................................................................................ 11-4
Persons Responsible ......................................................................................... 11-4
Visible Numbers ............................................................................................... 11-4
Placement of Numbers ...................................................................................... 11-4
Inspection. ......................................................................................................... 11-5
Penalty .............................................................................................................. 11-5
Section 11-1101
Section 11-1102
Section 11-1110
Section 11-1111
Section 11-1120
Section 11-1130
City of Columbus
Anoka County, Minnesota
City Code, Chapter 11: THE MINNESOTA UNIFORM FIRE CODE
CHAPTER 11
THE MINNESOTA UNIFORM FIRE CODE
ARTICLE I
ADOPTION OF MINNESOTA
UNIFORM FIRE CODE
It is hereby adopted by the City of Columbus, Anoka County, Minnesota, for the purpose of prescribing
regulations governing conditions hazardous to life and property from fire or explosion, that certain Code
known as the Minnesota Uniform Fire Code. For the purposes of this City Code, “The Minnesota
Uniform Fire Code” is that set of regulations adopted pursuant to Minn. Stat. § 299F.011, as amended,
cited as Minn. Rules, Chapter 7511, as amended. One copy of Minn. Rules, Chapter 7511 have been
and now are filed in the office of the City Clerk of the City of Columbus, Anoka County, Minnesota,
hereinafter referred to together as the “Minnesota Uniform Fire Code”, and the same are hereby adopted
and incorporated as fully as if set forth at length herein, and the provisions thereof shall be controlling
within the limits of the City of Columbus, Anoka County, Minnesota.
[CHAPTER 11, ARTICLE I, amended by Ord. No. 89-17, effective December 8, 1989, amended by Ord. No. 92-2, effective April 17, 1992,
amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-02, effective March 5, 2009.]
ARTICLE II
ENFORCEMENT
SECTION 11-200.
The chief of the fire department serving the City of Columbus, or his
representative authorized by him, shall enforce the provisions of this ordinance.
[§ 11-200 amended by Ord. No 07-02, effective March 1, 2007.]
SECTION 11-201.
The chief of the fire department may detail such members of the fire department
as inspectors and shall from time to time be necessary. The chief of the fire department may
recommend the employment of technical inspectors, who, when such authorization is made, shall be
selected through an examination to determine their fitness for the position. The examination shall be
open to members and nonmembers of the fire department, and appointments made after examination
shall be for an indefinite term with removal only for cause.
SECTION 11-202.
ABATEMENT. Upon notification from the fire department of an uncorrected
violation of the Uniform Fire Code, the City Council may, in addition to any other lawful remedies,
order that the violation be abated. Any action by the City to abate said violation shall be conducted in
accordance with Chapter 16C of this City Code.
[CHAPTER 11, ARTICLE II, Section 11-202 added by Ord. No. 86-4, effective June 27, 1986, amended by Ord. No. 07-02, effective March 1,
2007..]
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PAGE 11-1
City of Columbus
Anoka County, Minnesota
City Code, Chapter 11: THE MINNESOTA UNIFORM FIRE CODE
ARTICLE III
DEFINITIONS
SECTION 11-300.
Wherever the word “jurisdiction” is used in the Minnesota Uniform Fire Code,
it shall be held to mean the City of Columbus.
[§ 11-300 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 11-301.
Wherever the term “corporation counsel” is used in the Minnesota Uniform Fire
Code, it shall be held to mean the attorney for the City of Columbus.
[§ 11-301 amended by Ord. No. 07-02, effective March 1, 2007.]
ARTICLE IV
ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE
OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS TO BE
PROHIBITED
SECTION 11-400.
The limits referred to in Minnesota Uniform Fire Code in which storage of
flammable or combustible liquids in outside aboveground tanks is prohibited, are hereby established as
follows: Platted residential developments with lot size of one acre and under.
SECTION 11-401.
The limits referred to in the Minnesota Uniform Fire Code, in which new bulk
plants for flammable or combustible liquids are prohibited, are hereby established as follows: All
residential districts.
ARTICLE V
ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUIFIED PETROLEUM
GASES IS TO BE RESTRICTED
SECTION 11-500.
LIMITS. The limits referred to in the Minnesota Uniform Fire Code, in which
bulk storage of liquified petroleum gas is restricted, are hereby established as follows: All Residential
Districts.
ARTICLE VI
ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES
AND BLASTING AGENTS IS TO BE PROHIBITED
SECTION 11-600.
LIMITS. The limits referred to in the Minnesota Uniform Fire Code, in which
storage of explosives and blasting agents is prohibited, are hereby established as follows: All
Residential Districts.
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PAGE 11-2
City of Columbus
Anoka County, Minnesota
City Code, Chapter 11: THE MINNESOTA UNIFORM FIRE CODE
ARTICLE VII
APPEALS
SECTION 11-700.
APPEALS. Whenever the chief shall disapprove an application or refuse to
grant a permit applied for, or when it is claimed that the provisions of the Code do not apply or that the
true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may
appeal from the decision of the chief to the Columbus City Council within thirty (30) days from the date
of the decisions appealed.
[§ 11-700 amended by Ord. No. 07-02, effective March 1, 2007.]
ARTICLE VIII
NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS
SECTION 11-800.
HEARING PROCESS. The City Council, Building Inspector and Chief shall
act as a committee to determine and specify, after giving affected persons an opportunity to be heard,
any new materials, processes, or occupancies which shall require permits, in addition to those now
enumerated in said Code. The chief shall post such list in a conspicuous place in his office, and
distribute copies thereof to interested persons.
[§ 11-800 amended by Ord. No. 07-02, effective March 1, 2007.]
ARTICLE IX
PENALTIES
SECTION 11-900.
Any person who shall violate any of the provisions of this Code hereby adopted
or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or
who shall build in violation of any detailed statement of specifications or plans submitted and approved
thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or
who shall fail to comply with such an order as affirmed or modified by the Columbus City Council or by
a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such
violation and noncompliance, respectively, be guilty of a misdemeanor punishable by a fine or
imprisonment in accordance with the provisions of Chapter 1, Section 1-109 of this City Code. The
imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all
such persons shall be required to correct or remedy such violation or defects within a reasonable time;
and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a
separate offense.
[CHAPTER 11, ARTICLE IX, Section 11-900 amended by Ord. No. 86-3, effective February 21, 1986, Section 11-900 amended by Ord. No.
92-2, effective April 17, 1992, amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 11-901.
The application of the above penalty shall not be held to prevent the enforced
removal of prohibited conditions.
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PAGE 11-3
City of Columbus
Anoka County, Minnesota
City Code, Chapter 11: THE MINNESOTA UNIFORM FIRE CODE
ARTICLE X
REPEAL OF CONFLICTING ORDINANCES
All former ordinances or parts thereof which conflict with the Code are hereby repealed.
[CHAPTER 11, ARTICLES I - X, amended by Ord. No. 83-6, effective January 6, 1984.]
ARTICLE XI
REGULATIONS AND STANDARDS FOR PLACEMENT OF STREET ADDRESS NUMBERS
SECTION 11-1101. NUMBERS REQUIRED. All houses, dwelling units, commercial buildings,
industrial buildings, and any other building serving as the principal structure shall have street address
numbers placed in compliance with this Article.
SECTION 11-1102. PERSONS RESPONSIBLE. It shall be the duty of the owner, lessee,
occupant, or person-in-possession of every house, commercial building, industrial building, and any
other building serving as the principal structure to place street address numbers in compliance with this
Article.
SECTION 11-1110. VISIBLE NUMBERS.
A.
Numbers shall be visible at all times and easily seen from the street or road.
B.
Numbers shall be constructed of metal, glass, plastic, or other equivalent durable
material.
C.
For daytime visibility, numbers shall be in a color which contrasts with the base or
background color.
D.
For nighttime visibility, numbers shall be lighted or composed of some reflective
material.
SECTION 11-1111. PLACEMENT OF NUMBERS.
A.
Numbers, a minimum of four (4) inches in height, may be placed on the house or garage
(not on the garage door) or on the business building or on the principal structure only if the
numbers are clearly readable from the street or road.
B.
If the house, business building, or principal structure is secluded or concealed from the
street or road, then the numbers, a minimum of three (3) inches in height, shall be placed on a
post or other structure at a minimum height four (4) feet above ground in front of the house or
business building or principal structure in such a manner as to be clearly readable from the
street or road. For the purposes of this paragraph, the roadside mailbox may be used as the
“post or other structure” for the placement of the street address numbers if the following
requirements are met:
1.
The mailbox must be located on the same side of the road as the house or
principal structure; and
2.
The mailbox must be located in front of the house or principal structure which
it serves.
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PAGE 11-4
City of Columbus
Anoka County, Minnesota
City Code, Chapter 11: THE MINNESOTA UNIFORM FIRE CODE
SECTION 11-1120. INSPECTION. It shall be the responsibility of the City Council to periodically
inspect the City for compliance with this Article and to advise owners and occupants of any
noncompliance. The City Council may designate someone as the inspector for the purposes of this
Article.
[§ 11-1120 amended by Ord. No. 07-02, effective date of March 1, 2007.]
SECTION 11-1130. PENALTY. Since this Article has been adopted solely to provide a uniform
system for the placement of street address numbers in order to permit emergency services to find
Columbus locations, the penalty for any person’s failure to comply with this Article is self-evident.
[CHAPTER 11, ARTICLE XI, amended by Ord. No. 84-2, February 17, 1984.]

History of ordinances affecting the text of Chapter 11 (since codification on August 26, 1981):
Ord. No. 83-6, effective January 6, 1984.
Ord. No. 84-2, effective February 17, 1984.
Ord. No. 86-3, effective February 21, 1986.
Ord. No. 86-4, effective June 27, 1986.
Ord. No. 89-17, effective December 8, 1989.
Ord. No. 92-2, effective April 17, 1992.
Ord. No. 07-02, effective March 1, 2007.
Ord. No. 09-02, effective March 5, 2009.
This Chapter has been updated through the date of the latest ordinance listed above.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 12: LIFE SAFETY CODE
CHAPTER 12
LIFE SAFETY CODE
TABLE OF CONTENTS
CHAPTER 12
LIFE SAFETY CODE ............................................................................... 12-1
ARTICLE I
ADOPTION ................................................................................................ 12-1
ARTICLE II
PURPOSE ................................................................................................... 12-1
ARTICLE III
ABATEMENT ............................................................................................ 12-1
City of Columbus
Anoka County, Minnesota
City Code, Chapter 12: LIFE SAFETY CODE
CHAPTER 12
LIFE SAFETY CODE
ARTICLE I
ADOPTION
The provisions of the Life Safety Code, 1976 Edition, and future amendments, additions or revisions
thereof, as published by the National Fire Protection Association International, 470 Atlantic Avenue,
Boston, Massachusetts, three copies of which are on file in the office of the City Clerk of the City of
Columbus and marked “official copy” is hereby adopted as the Life Safety Code for the City of
Columbus and is hereby incorporated herein and made a part of this Ordinance as if completely set forth
herein.
[Chapter 12, Article I amended by Ord. No. 07-02, effective date of March 1, 2007.]
ARTICLE II
PURPOSE
The purpose of this Ordinance is to provide minimum requirements for the protection of the safety and
welfare of the general public and the owners and occupants of structures within the City of Columbus.
All construction in the City of Columbus shall be governed by the terms of this Ordinance.
[Chapter 12, Article II amended by Ord. No. 07-02, effective date of March 1, 2007.]
ARTICLE III
ABATEMENT
Upon notification from the building inspector of an uncorrected violation of the Life Safety Code, the
City Council may, in addition to any other lawful remedies, order that the violation be abated. Any
action by the City to abate said violation shall be conducted in accordance with Chapter 16C of this City
Code.
[Chapter 12, Article III, added by Ord. No. 86-4, effective June 27, 1986, amended by Ord. No. 07-02, effective date of March 1, 2007.]

History of ordinances affecting the text of Chapter 12 (since codification on August 26, 1981):
Ord. No. 86-4, effective June 27, 1986.
Ord. No. 07-02, effective date of March 1, 2007.
This Chapter has been updated through the date of the latest ordinance listed above.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 13: BUILDING CODE
CHAPTER 13
BUILDING CODE
TABLE OF CONTENTS
CHAPTER 13
BUILDING CODE........................................................................... 13-1 TO 13-5
ARTICLE I
Section 13-100
Section 13-101
Section 13-102
Section 13-103
Section 13-104
ADOPTION ...................................................................................... 13-1 TO 13-2
Codes Adopted by Reference ........................................................................... 13-1
Uniform Building Code (DELETED) ............................................................. 13-1
Existing Buildings ............................................................................................ 13-1
Storm Water Management Plan as a Prerequisite ............................................ 13-2
Building Code Optional Chapters..................................................................... 13-2
ARTICLE II
Section 13-200
Section 13-201
Section 13-202
Section 13-203
Section 13-204
Section 13-205
PERMITS, FEES, INSPECTIONS ................................................ 13-2 TO 13-3
Permits Required .............................................................................................. 13-2
Fees ................................................................................................................... 13-2
Plan-Checking Fee ............................................................................................ 13-3
Inspections. ....................................................................................................... 13-3
Re-inspection. ................................................................................................... 13-3
Minnesota Electrical Act .................................................................................. 13-3
ARTICLE III
Section 13-300
Section 13-310
VIOLATIONS AND PENALTIES................................................................ 13-4
Violations.......................................................................................................... 13-4
Penalties. ........................................................................................................... 13-4
ARTICLE IV
Section 13-400
Section 13-401
LICENSES, FEES AND REQUIREMENTS ............................................... 13-4
Commercial Contractor’s License .................................................................... 13-4
Fees and Requirements ..................................................................................... 13-4
City of Columbus
Anoka County, Minnesota
City Code, Chapter 13: BUILDING CODE
CHAPTER 13
BUILDING CODE
ARTICLE I
ADOPTION
SECTION 13-100.
CODES ADOPTED BY REFERENCE. The Minnesota State Building Code,
as adopted by the Commissioner of Administration pursuant to Minnesota Statutes Chapter 326B, as
amended, including all of the amendments, rules and regulations established, adopted and published from
time to time by the Minnesota Commission of Administration, through the Building Codes and Standards
Division is hereby adopted by reference with the exception of the optional chapters, unless specifically
adopted in this Ordinance. The Minnesota State Building Code is hereby incorporated in this Ordinance
as if fully set out herein.
[Clerk’s note: in 1989, a number of model or uniform laws were included by reference in the state regulations, as follows: MINN. RULES,
Ch. 1335 adopts “Flood Proofing Regulations” as promulgated by the Office of the Chief Engineers, U.S. Army, Washington, D.C., 1972.]
See Section 13-104.
[CHAPTER 13, ARTICLE I, amended by Ord. 83-4, April 27, 1983, amended by Ord. No. 89-17, effective December 8, 1989 and amended by
Ord. No. 98-10, effective January 21, 1999, amended by Ord. No. 04-02, effective January 22, 2004, and amended by Ord. No. 05-02, effective
December 1, 2005, amended by Ord. No. 09-02, effective March 5, 2009.]
SECTION 13-101.
[§ 13-101 deleted by Ord. No. 89-17, effective December 8, 1989.]
SECTION 13-102.
EXISTING BUILDINGS. The most current edition of the Minnesota State
Building Code is modified to include the following language as Section 101.4 thereof:
101.4 Existing Installations. Buildings in existence at the time of the adoption of this Code may
have their existing use or occupancy continued, if such use or occupancy was legal at the time of
adoption of this Code, provided:
(1)
such continued use is not dangerous to life; or,
(2)
such continued use is not found unsafe or substandard as defined by the Housing
Code (Chapter 16A of the Columbus City Code); or,
(3)
such continued us is not found to be hazardous or dangerous as defined by the
Dangerous Buildings Code (Chapter 16B of the Columbus City Code); or,
(4)
such continued use is not found to be in a violation of the Minnesota Uniform
Fire Code (Chapter 11 of the Columbus City Code); or,
(5)
such continued use is not found to be a violation of the Life Safety Code
(Chapter 12 of the Columbus City Code); or,
(6)
such continued use is not found to be a violation of the Public Health Ordinance
(Chapter 14 of the Columbus City Code).
[§13-102 added by Ord. No. 86-4, effective June 27, 1986. and amended by Ord. No. 89-17, effective December 8, 1989, and amended by Ord.
98-10, effective January 21, 1999, and amended by Ord. 05-02, effective December 1, 2005, amended by Ord. No. 07-02, effective date of
March 1, 2007.]
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PAGE 13-1
City of Columbus
Anoka County, Minnesota
City Code, Chapter 13: BUILDING CODE
SECTION 13-103.
STORM WATER MANAGEMENT PLAN AS A PREREQUISITE. No
building permit shall be issued until the Zoning Administrator has determined that the proposed
development is exempt from the provisions of Chapter 7D or that a proper Storm Water Management
Plan has been submitted to the City.
[§13-103 added by Ord. No. 94-5, effective January 12, 1996, amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 13-104.
BUILDING CODE AND OPTIONAL CHAPTERS. The Minnesota State
Building Code, established pursuant to Minnesota Statutes Chapter 326B, as amended, allows the City of
Columbus to adopt by reference and enforce certain optional chapters of the most current addition of the
Minnesota State Building Code.
The following optional provisions identified in the most current addition of the Sate
Building Code are hereby adopted and incorporated as part of the building code for the City of
Columbus:
1.
Chapter 1305 Appendix Chapter K of the 2002 supplement of the 2000
International Building Code.
2.
Chapter 1335 Floodproofing Regulations Parts 1335.0600 to 1335.1200.
[§ 13-104 added by Ord. No. 04-02, effective January 22, 2004, amended by Ord. No. 05-02, effective December 1, 2005, amended by Ord. No.
07-02, effective March 1, 2007, amended by Ord. No. 09-02, effective March 5, 2009.]
ARTICLE II
PERMITS, FEES, INSPECTIONS
SECTION 13-200.
PERMITS REQUIRED. The issuance of permits shall be as authorized in
Minnesota Statute § 326B.121, as amended, and as required in Section 13-201 of the Minnesota State
Building Code.
[§ 13-200, amended by Ord. No. 89-17, effective December 8, 1989 and amended by Ord. No. 98-10, effective January 21, 1999, amended by
Ord. No. 05-02, effective December 1, 2005, amended by Ord. No. 09-02, effective March 5, 2009.]
SECTION 13-201.
FEES.
A.
The building permit fees contained in Table No. 1-A of the 1997 edition of the Uniform
Building Code are hereby adopted and are incorporated in the City Code as completely as if set
out here in full.
B.
All fees for permits issued by the Building Inspector shall be computed on the basis of
the fees contained in said Table No. 1 with the following modifications:
Private Sewer System Construction: See City Code Section 14-646 for the fee amount.
Pumping Permit (Scavenging) for Private Sewer System: See City Code Section 14-646
for the fee amount.
C.
Columbus Fee Chart (See Uncodified Ordinance Section – Appendix A to the Table of
Contents).
[§ 13-201, amended by Ord. No. 89-17, effective December 8, 1989 and amended by Ord. No. 98-10, effective January 21, 1999, amended by
Ord. No. 05-02, effective December 1, 2005, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 10-03, effective April
1, 2010.]
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 13: BUILDING CODE
SECTION 13-202.
PLAN-CHECKING FEE. Plan Checking fees shall be calculated and paid in
accord with Table 1-A of the 1997 Uniform Building Code.
[§ 13-202, amended by Ord. No. 89-17, effective December 8, 1989 and amended by Ord. No. 98-10, effective January 21, 1999, amended by
Ord. No. 05-02, effective December 1, 2005.]
SECTION 13-203.
INSPECTIONS. The Building Inspector is hereby granted the authority to enter
upon any premises between sunrise and sunset to determine compliance with this Code. The Building
Inspector shall make such inspection as is necessary to determine compliance with this Code. No part of
any construction shall be covered or concealed until it has been inspected and accepted by the Building
Inspector. It shall be the responsibility of the permittee to notify the Building Inspector that the job is
ready for inspection or re-inspection. It shall be the duty of the owner or occupant of the property to give
the Building Inspector free access to the property at reasonable times for the purpose of making such
inspections. Upon satisfactory completion and final inspection of the system, the Building Inspector
shall indicate approval on the application.
SECTION 13-204.
RE-INSPECTION. If upon inspection the Building Inspector discovers that
any construction or installation is not constructed in accordance with the minimum standards provided in
this Code, he shall give the permittee written notification describing the defects. The permittee shall pay
an additional fee of $25.00 for each re-inspection that is necessary. The permittee shall be responsible
for the correction or elimination of all defects and no system shall be placed or replaced in service until
all defects have been corrected or eliminated.
[§ 13-204, amended by Ord. No. 89-17, effective December 8, 1989.]
SECTION 13-205.
MINNESOTA ELECTRICAL ACT
1.
Authority to inspect. The City hereby provides for the inspection of all electrical installations,
pursuant to Minnesota Statutes § 326B.36, subdivision 6.
2.
Adopted by references. The Minnesota Electrical Act, as adopted by the Commissioner of Labor
and Industry pursuant to Minnesota Statutes Chapter 326B, Sections 326B.31 to 326B.399. The Minnesota
Electrical Act is hereby incorporated into this Ordinance as if fully set out herein. The Minnesota State Building
Code incorporates by reference the National Electrical Code pursuant to Minnesota Rule 1315.0020. All such
codes incorporated herein by reference constitute the Electrical Code of the City.
3.
Compliance. All electrical installations shall comply with the requirements of the electrical code
of the City and this Ordinance.
4.
Permits and fees. The issuance of permits and the collection of fees shall be as authorized in
Minnesota Statutes 326B.37. Any inspection and handling fees will be payable to the City.
5.
Notice and appeal. All notices of violations and orders issued under this Ordinance shall be in
conformance with Minnesota Statutes Section 326B.36, subdivision 4.
6.
Violations and penalties. A violation of the Minnesota Electrical Act is a misdemeanor under
Minnesota Statutes Section 326B.082, subdivision 16.
7.
Sunset. This Ordinance shall be revoked without further action of the City Council once the
Department of Labor and Industry is funded for the 2011 fiscal year by legislative enactment of a state budget.
[§ Added by Ord. No. 11-07, effective July 21, 2011.]
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PAGE 13-3
City of Columbus
Anoka County, Minnesota
City Code, Chapter 13: BUILDING CODE
ARTICLE III
VIOLATIONS AND PENALTIES
SECTION 13-300.
VIOLATIONS. Pursuant to Minnesota Statute 16B.69 (2003), a violation of
the code is a misdemeanor, and may be prosecuted in accordance with state law and in accordance with
the provisions of Chapter 1, Article I, Section 109 of the City Code.
[§ 13-300, amended by Ord. No. 89-17, effective December 8, 1989 and amended by Ord. No 98-10, effective January 21, 1999, amended by
Ord. No. 05-02, effective December 1, 2005, amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 13-310.
PENALTIES. Section 304(e) of the Uniform Building Code (1985) is modified
by the following provisions:
A.
The payment of any investigation fee shall not exempt any person from payment of the
regular permit fee required by this Code.
B.
It is the specific intention of this Section that any person who commences construction
without first obtaining the permit or permits required by this Code shall be penalized by the
payment of double the regular permit fee (investigation fee plus regular permit fee).
C.
No investigation fee shall be charged for an investigation of construction which the
Building Inspector determines to be construction which does not require a permit pursuant to this
Code.
[§ 13-310, amended by Ord. No. 89-17, effective December 8, 1989.]
ARTICLE IV
LICENSES, FEES AND REQUIREMENTS
SECTION 13-400.
COMMERCIAL CONTRACTOR’S LICENSE. The City of Columbus
requires that all commercial contractors be licensed within the City. The City may issue licenses to
commercial contractors upon application to the City and approval of the Building Inspector.
[§ 13-400 added by Ord. No. 04-02, effective January 22, 2004, amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 13-401.
FEES AND REQUIREMENTS. The application for a commercial contractor’s
license requires a fee payable to the City (see Columbus Fee Chart in Uncodified Ordinance Section). In
order to be approved by the City, commercial contractors must meet the following requirements:
1.
Insurance - commercial contactors must carry a minimum of $1,000,000.00 in liability
insurance; and
2.
Grading Bond - commercial contactors must obtain a bond for any grading to be done on
a particular project in the amount of $1,000.00 per acre of excavation.
[§ 13-401 added by Ord. No. 04-02, effective January 22, 2004, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No.
10-03, effective April 1, 2010.]

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City of Columbus
Anoka County, Minnesota
City Code, Chapter 13: BUILDING CODE
CHAPTER 13, added to the Town Code, by Ord. No. 82-1, effective June 11, 1982. History of ordinances affecting
the text of Chapter 13 (since adoption of Ord. No. 82-1):
Ord. 83-4, April 27, 1983.
Ord. No. 86-4, effective June 27, 1986.
Ord. No. 89-17, effective December 8, 1989.
Ord. No. 98-10, effective January 21, 1999.
Ord. No. 04-02, effective January 22, 2004.
Ord. No. 05-02, effective December 1, 2005.
Ord. No. 07-02, effective March 1, 2007.
Ord. No. 09-02, effective March 5, 2009.
Ord. No. 10-03, effective April 1, 2010.
Ord. No. 11-07, effective July 21, 2011.
This Chapter has been updated through the date of the latest ordinance listed above.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
CHAPTER 14
PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
TABLE OF CONTENTS
CHAPTER 14
PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES ..... 14-1 TO 14-34
ARTICLE I
Section 14-100
Section 14-110
Section 14-120
Section 14-130
Section 14-140
Section 14-141
Section 14-150
TITLE AND INTERPRETATION ................................................ 14-1 TO 14-2
Title ................................................................................................................... 14-1
Provision of Ordinance Declared to be Minimum Requirements .................... 14-1
Severability Clause. .......................................................................................... 14-1
Repeal of Conflicting Ordinance, Effective Date ............................................. 14-1
Application and Interpretation .......................................................................... 14-1
Abatement. ........................................................................................................ 14-2
Administration .................................................................................................. 14-2
ARTICLE II
Section 14-200
Section 14-201
Section 14-210
Section 14-220
Section 14-230
Section 14-240
Section 14-250
Section 14-260
PRIVATE WELLS .......................................................................... 14-2 TO 14-3
Adoption of State Code (DELETED) .............................................................. 14-2
Wells Regulated By State Law ......................................................................... 14-2
Restrictions (DELETED) ................................................................................ 14-2
Permit Required (DELETED) ......................................................................... 14-2
Application (DELETED) ................................................................................. 14-2
Permit Fees (DELETED)................................................................................. 14-2
Inspection (DELETED) ................................................................................... 14-2
Restrictions on Construction and Use (DELETED) ........................................ 14-3
ARTICLE III
Section 14-300
Section 14-301
Section 14-302
Section 14-303
Section 14-304
Section 14-305
Section 14-306
Section 14-307
Section 14-308
Section 14-309
Section 14-310
Section 14-311
Section 14-312
Section 14-313
Section 14-314
Section 14-315
PUBLIC WATER SYSTEM AND CONNECTIONS ................ 14-3 TO 14-14
Establishment of Department ........................................................................... 14-3
City Council ...................................................................................................... 14-3
Definitions ........................................................................................................ 14-3
Supervision and Plumbing Standards ............................................................... 14-4
Application, Permit, Usage and Connection Charge ........................................ 14-4
Required Connection to City Facilities ............................................................ 14-7
Failed Septic System......................................................................................... 14-8
City Inspector.................................................................................................... 14-8
Existing Drainage and Plumbing Systems ........................................................ 14-8
Installation of Connections ............................................................................... 14-9
Excavating Work .............................................................................................. 14-9
Construction Requirements .............................................................................. 14-9
Storm Water .................................................................................................... 14-10
Use Charges .................................................................................................... 14-10
Billing Regulations ......................................................................................... 14-10
Sewer Fund ..................................................................................................... 14-11
City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
Section 14-316
Section 14-317
Section 14-318
Section 14-319
Section 14-320
Section 14-321
Section 14-322
Section 14-323
Section 14-324
Section 14-325
Water Fund ..................................................................................................... 14-11
Collection of Delinquent Charges .................................................................. 14-11
Water Metering Requirements........................................................................ 14-12
Water Meter Setting........................................................................................ 14-12
Restricted Hours for Sprinkling ...................................................................... 14-13
Separability of Sections .................................................................................. 14-13
Penalty Provision ............................................................................................ 14-13
Deferral of Sewer and Water Connection ...................................................... 14-14
Entry Upon Private Property .......................................................................... 14-14
Effective Date ................................................................................................. 14-14
ARTICLE IV
(RESERVED FOR FUTURE USE) ............................................................ 14-14
ARTICLE V
(RESERVED FOR FUTURE USE) ............................................................ 14-14
ARTICLE VI
Section 14-600
Section 14-601
Section 14-610
Section 14-620
Section 14-630
Section 14-631
Section 14-632
Section 14-633
Section 14-634
Section 14-635
PRIVATE SEWER SYSTEMS .................................................. 14-15 TO 14-26
Adoption of State Code .................................................................................. 14-15
Definitions ....................................................................................................... 1415
Restrictions ..................................................................................................... 14-16
(RESERVED FOR FUTURE USE) ............................................................ 14-16
Conformance With State Requirements. ........................................................ 14-16
Order to Cease Use ......................................................................................... 14-16
Power to Enter Upon Property........................................................................ 14-16
Soil Treatment Area Required ........................................................................ 14-17
Alternative or Experimental Systems ............................................................. 14-17
Individual Sewage Treatment System Design and Construction
Requirements ................................................................................................. .14-17
Septic Reports ................................................................................................. 14-19
Compliance Inspections .................................................................................. 14-19
Construction Permit Required ........................................................................ 14-20
Application for Construction Permit .............................................................. 14-20
Construction and Investigation Permit Fees ................................................... 14-21
Construction Inspection. ................................................................................. 14-21
Backfilling ...................................................................................................... 14-22
Maintenance Inspection and Pumping ............................................................ 14-23
Pumping Permits and Fees .............................................................................. 14-24
Additional Inspections. ................................................................................... 14-24
Records ........................................................................................................... 14-25
Licensing......................................................................................................... 14-25
Emptying Septic Tanks ................................................................................... 14-25
Storage Distance from Buildings .................................................................... 14-25
Disposal of Contents ....................................................................................... 14-25
Approved Vehicle (DELETED) .................................................................... 14-26
Violations........................................................................................................ 14-26
Section 14-636
Section 14-637
Section 14-640
Section 14-641
Section 14-642
Section 14-643
Section 14-644
Section 14-645
Section 14-646
Section 14-647
Section 14-648
Section 14-649
Section 14-650
Section 14-651
Section 14-652
Section 14-653
Section 14-654
City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
ARTICLE VII
Section 14-700
Section 14-750
Section 14-751
Section 14-752
Section 14-753
Section 14-754
SOLID WASTE MANAGEMENT ............................................ 14-26 TO 14-27
Adoption of County Ordinance ...................................................................... 14-26
Solid Waste Disposal ...................................................................................... 14-26
Definitions ...................................................................................................... 14-26
Recycling ........................................................................................................ 14-27
Composting ..................................................................................................... 14-27
Burial or Accumulation of Certain Solid Wastes Prohibited ......................... 14-27
ARTICLE VIII
Section 14-800
Section 14-801
Section 14-802
Section 14-803
Section 14-804
REGULATION OF REFUSE COLLECTORS ........................ 14-27 TO 14-28
Definitions ...................................................................................................... 14-27
License Required ............................................................................................ 14-27
Administration ................................................................................................ 14-28
License Application and Requirements .......................................................... 14-28
Conditions of License ..................................................................................... 14-28
ARTICLE IX
REGULATIONS FOR HAZARDOUS SUBSTANCES AND
PETROLEUM CONTAMINATED SOILS .............................. 14-29 TO 14-30
Title. ................................................................................................................ 14-29
Findings .......................................................................................................... 14-29
Purpose. .......................................................................................................... 14-29
Definitions ...................................................................................................... 14-29
Hazardous Substances ................................................................................... .14-30
Petroleum Contaminated Soils ...................................................................... .14-30
Violations and Remedies. .............................................................................. .14-30
Section 14-900
Section 14-901
Section 14-902
Section 14-903
Section 14-904
Section 14-905
Section 14-906
ARTICLE X
Section 14-1000
Section 14-1001
Section 14-1002
Section 14-1003
Appendix A:
CLANDESTINE DRUG LAB AND CHEMICAL DUMP
SITES ............................................................................................ 14-30 TO 14-34
General Provisions .......................................................................................... 14-30
Administration ................................................................................................ 14-32
Appeal Procedure ........................................................................................... 14-34
Violations and Penalties ................................................................................. 14-34
SAC Criteria for Commercial Properties From
Metropolitan Council Environmental Services,
Service Availability Charge Procedure
Manual January 2005................................................................Follows Chapter 14
City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
CHAPTER 14
PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
ARTICLE I
TITLE AND INTERPRETATION
SECTION 14-100.
TITLE. This ordinance shall be known and may be cited as the “Public Health:
Wells, Sewers, and Solid Waste Ordinance of the City of Columbus, Minnesota.”
[§ 14-100, amended by Ord. No. 89-14, effective July 13, 1990, amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 14-110.
PROVISION OF ORDINANCE DECLARED TO BE MINIMUM
REQUIREMENTS. In their interpretation and application, the provisions of this ordinance shall be
held to be minimum requirements adopted for the promotion of the public health, safety, and the general
welfare. Where the requirements of this ordinance are at variance or in any other way conflict with the
requirements of any other lawfully-adopted rules, regulations, ordinances, deed restrictions, or covenants,
the most restrictive, or that imposing the higher standards shall govern.
SECTION 14-120.
SEVERABILITY CLAUSE. Should any section, subsection, paragraph,
subparagraph, clause, word, or provision of this ordinance be declared by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any
part thereof other than the part so declared to be unconstitutional or invalid.
SECTION 14-130.
REPEAL OF CONFLICTING ORDINANCE, EFFECTIVE DATE. All
ordinances or parts of ordinances in conflict with this ordinance or inconsistent with the provisions of
this ordinance, are hereby repealed to the extent necessary to give this ordinance full force and effect.
SECTION 14-140.
APPLICATION AND INTERPRETATION.
A.
For the purpose of these regulations, certain numbers, abbreviations, terms, words, and
phrases used herein shall be used, interpreted and defined as set forth in this article.
B.
Whenever any words and phrases used herein are not defined herein but are defined
elsewhere in the City Code or in the State laws regulating the creation and function of various
agencies, any such definition therein shall be deemed to apply to such words and phrases used
herein, except when the context otherwise requires.
C.
For the purpose of these regulations, certain words and phrases used herein shall be
interpreted as follows:
1.
The word “person” includes an individual, firm, association, organization,
partnership, trust, company, corporation, or any other legal entity.
2.
The masculine includes the feminine.
3.
The present tense includes the past and future tense, the singular number
includes the plural.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
4.
The word “shall” is a mandatory requirement, the word “may” is a permissive
requirement, and the word “should” is a preferred requirement.
5.
The words “used” or “occupied” include the words “intended, arranged, or
designed to be used or occupied.”
6.
The word “lot” includes the words “plot,” “parcel,” and “tract.”
[§ 14-140, amended by Ord. No. 89-14, effective July 13, 1990, amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 14-141.
ABATEMENT. Upon notification from the Building Inspector or from the
Anoka County health officials of an uncorrected violation of this Chapter, the City Council may, in
addition to any other lawful remedies, order that the violation be abated. Any action by the City to abate
said violation shall be conducted in accordance with Chapter 16C of this City Code.
[CHAPTER 14, ARTICLE I, §14-141, added by Ord. No. 86-4, effective June 27, 1986, amended by Ord. No. 89-14, effective July 13, 1990,
amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 14-150.
ADMINISTRATION. This chapter of the City Code shall be principally
administered and enforced through the coordinated offices of the City Administrator and the Building
Inspector. When site conditions make it unlikely that the strict requirements of this Chapter can be met,
the property owner may apply for a Variance. Any Individual Sewage Treatment System which by its
design, capacity or location requires a State agency permit shall also require a Conditional Use Permit.
Variance applications and Conditional Use applications shall be administered and adjudicated in
accordance with Chapters 7A and 10 of this City Code.
[§ 14-150, added by Ord. No. 89-14, effective July 13, 1990, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-04,
effective March 19, 2009.]
ARTICLE II
PRIVATE WELLS
SECTION 14-200.
ADOPTION OF STATE CODE. (Deleted)
[CHAPTER 14, ARTICLE II, § 14-200, amended by Ord. No. 89-17, effective December 8, 1989, [§ 14-200, deleted by Ord. No. 89-14,
effective July 13, 1990.]
SECTION 14-201.
WELLS REGULATED BY STATE LAW. No person shall construct, repair,
or seal a well or boring, except as provided under the provisions of Minn. Stat. Ch. 103I (1991) and the
regulations promulgated by the Commissioner of Natural Resources pursuant to said statutes.
[§ 14-201, added by Ord. No. 89-14, effective July 13, 1990, amended by Ord. No. 92-2, effective April 17, 1992.]
SECTION 14-210.
RESTRICTIONS. (Deleted)
SECTION 14-220.
PERMIT REQUIRED. (Deleted)
SECTION 14-230.
APPLICATION. (Deleted)
SECTION 14-240.
PERMIT FEES. (Deleted)
SECTION 14-250.
INSPECTION. (Deleted)
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
SECTION 14-260.
RESTRICTIONS ON CONSTRUCTION AND USE. (Deleted)
[CHAPTER 14, ARTICLE II, § 14-210, § 14-220, § 14-230, § 14-240, § 14-250, and § 14-260, deleted by Ord. No. 89-14, effective July 13,
1990.]
ARTICLE III
PUBLIC WATER SYSTEM AND CONNECTIONS
SECTION 14-300.
ESTABLISHMENT OF DEPARTMENT. There is hereby established a
Sewer and Water Department for the City of Columbus (the “City”). The sewer and water system as now
constituted, or as shall hereafter be enlarged or extended, shall be operated and maintained under the
provisions of this Ordinance subject to the authority of the City Council at any time to amend, alter,
change or repeal the same. If there are any conflicts between Article III of City Code Chapter 14 and
other Articles within Chapter 14, the provisions within Article III shall prevail.
[Chapter 14, Article III § 14-300, added by Ord. No. 06-01, effective March 2, 2006.]
SECTION 14-301.
CITY COUNCIL. The City Council shall have charge and management of the
sewer and water system subject to such delegation of authority to the City Engineer, Public Works
Supervisor and to other City employees as the City Council shall provide.
[Chapter 14, Article III § 14-301, added by Ord. No. 06-01, effective March 2, 2006.]
SECTION 14-302.
DEFINITIONS. The terms used herein shall be defined as follows:
BUILDING DRAIN. The building drain is that part of the lowest horizontal piping of the
building drainage system which receives the discharge from other drainage pipes and which lies within
the perimeter of the building.
BUILDING SEWER. The building sewer is that part of the building drainage system that
extends from the building drain to the sewer service line at the property line.
DETERMINATION. The computation of Service Availability Charge unit(s) assigned to a
given property. A Determination should be performed when modification is made to the use of the
property.
FACILITIES. Facilities means and includes waterworks and sanitary sewer systems, or any
portion or portions thereof.
RESIDENTIAL PROPERTY. A property that is used exclusively for permanent human living
space, including single family homes, attached homes, town homes, condominiums, and manufactured
homes. Residential Property does not include motels, hotels, camps, apartment complexes, nursing
homes, senior housing, or prisons.
SANITARY SEWER. Sanitary sewer means sanitary sewer systems, including sewage
treatment works, disposal systems, and other facilities for disposing of sewage, industrial waste, and
other wastes.
SEWER SERVICE. The sewer service line is that piping which receives the building sewer
discharge at the property line and extends to the City sewer main line.
WATERWORKS. Waterworks means waterworks systems, including mains, valves, hydrants,
service connections, wells, pumps, reservoirs, tanks, treatment plants, and other appurtenances of a
waterworks system.
[Chapter 14, Article III § 14-302 added by Ord. No. 06-01, effective March 2, 2006.]
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
SECTION 14-303.
SUPERVISION AND PLUMBING STANDARDS. The City Inspector shall
inspect all sewer connections made to the Sanitary Sewer system, all water connections made to the
Waterworks system, and excavations for the purpose of installing or repairing the same.
The expense of cleaning any debris causing blockage or any of the repairs in the Building Sewer
drainage system, Building Drain, Sewer Service lines, or Waterworks service lines up to the City main
lines in the street, including the wye, or otherwise, shall be borne by and paid for by the owner of the
property served by the Sewer Service line or Waterworks service line. The owner of the property shall
also pay for any damages done to the City main lines, including the cleaning and any repairs of the said
sewer main line caused by said debris and cleaning or repairs of said Building Sewer drainage system,
Building Drain, and Sewer Service lines. The City shall have no obligation to clean any blockage in or
repair any such Building Sewer drainage system, Building Drain, Sewer Service line, or Waterworks
service line, whether on private property or public property.
[Chapter 14, Article III § 14-301, added by Ord. No. 06-01, effective March 2, 2006]
SECTION 14-304.
APPLICATION, PERMIT, USAGE AND CONNECTION CHARGE. No
person, firm or corporation shall make any type of connection, repair, enlargement or alteration to the
City Facilities system except upon making an application therefore on a form provided by the City and
receiving a permit issued by the City for such purposes. The application shall include the legal
description of the property to be served, the uses for which the connection is requested, and a sketch of
the service showing approximate location and the size of the service line to be used. At the time of
taking such application, there shall be paid to the City the following fees for the following purposes:
A.
ASSESSMENTS PAID. No connection shall be made with respect to any Sanitary
Sewer or water main serving the property or any person or occupants of the land, parcel or
premises affected unless all assessments for such sewer or water, or such installments thereof as
are due and payable have been paid or provided for the payment of the full and proportionate
share of the utility, which share shall be payable as described under Section 14-304.
B.
PAYMENTS FOR INSTALLING SERVICE LINE. For service to the property for
which a Sewer Service or water service line has not been previously installed from the main line
to the property line, the owner, occupant or user shall contract with a licensed utility installer or
plumber for the installation of said line and all payments required shall be assumed by the owner,
occupant, or user. Only a utility installer or plumber licensed to operate in the City shall be
allowed to install service lines within public right-of-ways.
C.
SERVICE TO PROPERTY OUTSIDE OF THE CITY. For Facilities service to
property outside of the City, the owner, occupant or user shall pay to the City at the time of
application for permit an amount not less than the payments made by or charges placed against
comparable properties for like service within the City in an amount as may be established by the
City Board.
D.
CITY’S AUTHORITY TO IMPOSE CHARGES FOR SEWER AND WATER
CONNECTION. Under Minnesota Statutes § 444.075, subdivision 3, as amended, in order to
pay for the construction, reconstruction, repair, enlargement, improvement, or other obtainment,
the maintenance, operation and use of the Facilities, and of obtaining and complying with
permits required by law, the City Council may impose just and equitable charges for the use and
for the availability of the Facilities and for connections with them and make contracts for the
charges.
[Section 14-304 D. amended by Ord. No. 09-02, effective March 5, 2009.]
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
E.
SEWER CONNECTION CHARGES. Every lot, parcel of land or building will be
charged a specific sum of money, in order to connect to City’s Facilities. Such a charge is made
for the privilege of making such a connection, either directly or indirectly, to the disposal system
through which connection the Facilities of the City are made available for disposal of sewage,
industrial waste, water or other liquid from such premises. This charge hereinafter is referred to
as the City’s Service Availability Charge (the “SAC”). The City’s SAC fee is $300.00 per SAC
unit and is subject to amendment by ordinance. The City’s SAC fee is in addition to the SAC
unit charge made by the Metropolitan Council Environmental Services (“MCES”). The total
SAC charge for each building or structure shall be equal to its number of SAC units multiplied
by the current year SAC rate mandated by the MCES plus the number of SAC units multiplied by
the City’s current SAC rate.
The owner of any property desiring to connect such property to an existing Sanitary Sewer main
where such property has not previously been connected to said main may do so on the approval
of the City and upon paying a City and MCES SAC.
F.
WATER CONNECTION CHARGES. Every lot, parcel of land or building will be
charged a specific sum of money, in order to connect to City’s Facilities. Such a charge is made
for the privilege of making such a connection, either directly or indirectly, to the Waterworks
system through which connection the Facilities of the City are made available for the supply of
water for domestic, commercial, and industrial use, lawn irrigation and other outdoor use and fire
suppression. This charge hereinafter is referred to as the City’s Water Availability Charge (the
“WAC”). The City’s WAC fee is $1,100.00 per Equivalent Residential Unit (ERU) and is
subject to amendment by ordinance. The total WAC charge for each property shall be equal to
its maximum number of ERUs multiplied by the City’s current WAC rate.
The owner of any property desiring to connect such property to City’s Facilities where such
property has not previously been connected may do so on the approval of the City and upon
paying a City WAC.
G.
PAYMENT OF CONNECTION CHARGES. Connection charges are payable at the
time of building permit issuance. The Building Official shall not issue a building permit until
such connection charge is paid.
H.
APPLICATION AND PERMIT. No connection from any premises to City’s Facilities
is authorized without there being first obtained for such connection a permit issued by the City.
No permit may be obtained from the City, and no representative of the City is authorized to issue
a permit for connection unless and until an authorized representative of the City receives an
application for such connection, determines and establishes the type of connection to be made
and receives the connection charge required or unless by approval of the City Council such
payment is deferred or is to be made in installments. The City shall prepare and provide for and
furnish any form and instrument found necessary to the connection applications and permits of
the City and perform all acts reasonably required with respect thereto. Applications and permits
shall be uniform, in accordance with this Ordinance.
I.
ADMINISTRATION. The Building Official shall prepare or revise a building permit
or sewage and water connection permit application form to provide information necessary for the
computation of the number of City SAC and WAC units assignable to the building or property in
question, and shall collect the applicable charge before issuance of a permit. The Building
Official shall make such information available to the City Council upon request. If upon filing a
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
report covering such permit with the MCES, the Council determines that a greater number of
units is assignable to the building or structure in question, any additional amount of cost
allocated to the City as a result shall be paid by the person or company to whom the permit was
granted.
J.
INCREASED CONNECTION CHARGES BASED ON MEASUREMENTS. The
Determination and establishment in the first instance of the City SAC represented by the
connection, especially when made by estimate based upon representation of the owner or
occupancy of the premises, is at all times subject to further review and Determination after the
connection has been made and used by an actual measurement by the City or MCES of the
sewage or water discharge from such connection entering into the system of the City. The
receipt and acceptance by the City of any money paid and received by the City, as previously
imposed, does not bar the City’s right to payment of the correct amount of money due therefore,
and may be determined and established by actual measurement; and the City’s right to recover
therefore is not impaired. After a connection has been made and the connection charge
established, imposed and paid, no diminution in discharge from the premises shall entitle the
owner (or occupant) to a reduction, reimbursement or refund with respect to the connection
charge imposed and paid.
K.
CALCULATION OF SEWER CONNECTION CHARGES.
1.
There shall be a charge for each City SAC unit, as established from time to time
by ordinance of the City Board.
2.
The following are hereby established as connection units:
(a)
All Residential Properties shall be assigned one SAC unit per dwelling
unit.
(b)
Commercial, institutional, industrial and other building types shall be
assigned a minimum of one unit. In accordance with MCES policy and
procedures, commercial City SAC units are determined by the approximate
maximum wastewater flow potential and industrial City SAC units are
determined based on maximum normal daily wastewater flow volume separately
for process areas and maximum potential daily wastewater flow volume for
commercial areas. The City will use the criteria in Appendix A to this ordinance
for determining the SAC units identified for commercial facilities. The City
SAC unit estimate for properties either not described in Appendix A, or
industrial properties will be determined by the City Council in conjunction with
the MCES. The City Council may review actual sewage flow one year after the
initial discharge, and the City may impose such additional connection charges in
accordance with the provisions of this Ordinance.
The City shall provide information necessary for the computation of the
number of units assignable to the building or structure in question on the
building permit and sewer connection application forms and shall collect the
applicable charge before issuance of the permit.
(c)
In accordance with MCES policy and procedures, the City Council may
consider credit for a SAC unit previously paid on any property when a new use
is established on a site. A new use is redevelopment of a property for a different
use.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
(d)
Any charges levied by and pursuant to Section 14-304, and which have
been properly billed to the occupancy of any premises served, and not paid, may
be covered in a civil action by the City in any court of competent jurisdiction.
(e)
The funds received from the collection of charges authorized by this
Ordinance shall be deposited, as collected, in a fund known as the Water and
Sewer Fund, and shall be disbursed:
1)
To meet costs of operation;
2)
To the debt redemption to provide funds for the payment of
principal and interest on bonds issued to finance the costs of
constructing improvements to the City Facilities as prescribed by
resolutions or covenants authorizing or securing such bonds; and
3)
To provide funds for the reasonable requirements of extending,
improving and replacing City Facilities.
L.
CALCULATION OF WATER CONNECTION CHARGES.
1.
There shall be a charge for each City WAC unit, as established from time to time
by ordinance of the City Council.
2.
The following are hereby established as connection units:
(a)
Each property proposed to be connected to the City’s Waterworks
system shall have a determination made as to the number of ERUs of water
demand the property can place on the Waterworks system. This determination
shall be made by the City Engineer. The determination shall include the number
of buildable acres contained within the subject property. Each buildable acre is
determined to place a minimum of five (5) ERUs of water demand on the system.
(b)
The water connection charge shall be the number of ERUs assigned to
the property multiplied by the current WAC rate.
M.
MULTIPLE CONNECTIONS. Multiple connections of more than one building to a
single Building Sewer or Sewer Service line or single water service line shall be permitted only
by special application to the City. The applicant shall submit a detailed sketch showing location,
grades and special structures to the City Engineer for review prior to applying for a permit. All
costs involved for the engineering review shall be paid by the applicant along with the other
required fees at the time of issuance of the permit. The charge for the cost of the trunk lines, lift
station, force mains and disposal facilities shall be levied against each property sought to be
connected either through single services or multiple connections.
[Chapter 14, Article III § 14-304, added by Ord. No. 06-01, effective March 2, 2006, amended by Ord. No. 09-02, effective March 2, 2009,
amended by Ord. No. 09-04, effective March 19, 2009.]
SECTION 14-305.
REQUIRED CONNECTION TO CITY FACILITIES.
A.
FACILITIES CONNECTION FOR NEW CONSTRUCTION. To protect the general
health and welfare of the City it is required that all new construction of any residence, dwelling
or building following the publication date of this ordinance, be connected to the City Facilities
when such City Facilities become available. If the City Facilities are not immediately available,
the owner of each new residence, dwelling or building shall be subject to a misdemeanor penalty
as described in Section 1-109 of the City code if such Facilities connection is not made within
one (1) year after the City Facilities become available.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
B.
SEWER CONNECTIONS FOR EXISTING RESIDENCE, DWELLING OR
BUILDING. To protect the general health and welfare of the City it is required that the liquid
wastes from any plumbing system of any residence, dwelling or building be discharged to the
public sewer system. The owner of each existing residence, dwelling or building as of the date
of this published ordinance, to which Sewer Service becomes available shall be subject to a
misdemeanor penalty as described in Section 1-109 of the City Code if such connection is not
made within five (5) years after the property has been assessed and the Sewer Service becomes
available.
C.
WATER CONNECTIONS FOR EXISTING RESIDENCE, DWELLING OR
BUILDING. To protect the general health and welfare of the City it is required that the owner
of each existing residence, dwelling or building as of the date of this published ordinance, to
which Waterworks become available shall be subject to a misdemeanor penalty as described in
Section 1-109 of the City Code herein if such connection is not made within eight (8) years after
the Waterworks become available.
[Chapter 14, Article III § 14-305, added by Ord. No. 06-01, effective March 2, 2006, amended by Ord. No. 12-06, effective July 12,
2012.]
SECTION 14-306.
FAILED SEPTIC SYSTEM. To protect the general health and welfare of the
City, the owner of each residence, dwelling or building to which Sewer Service is or becomes available,
is required to make a connection to the City Facilities as soon as practicable should that owner’s septic
system fail. A failing system is defined as a seepage pit, cesspool, drywell, leaching pit, other pit, a tank
that obviously leaks below the designated operating depth, or any system with less than the required
vertical separation.
[Chapter 14, Article III § 14-306, added by Ord. No. 06-01, effective March 2, 2006, amended by Ord. No. 09-02, effective March 5, 2009.]
SECTION 14-307.
CITY INSPECTOR. The City Inspector shall examine all applications before
construction is begun and after the construction, enlargement, alteration or repair is complete, the City
Inspector shall be notified. It shall be unlawful to cover any affected lines until an inspection has been
made and such connection and the work incidental thereto has been approved by the City as a proper and
suitable connection.
It shall be the duty of the sewer installer and/or plumber to notify the City Inspector by telephone
or in writing, not less than eight working hours between the hours of 8:00 A.M. and 4:00 P.M. before
work is to be inspected or tested.
[Chapter 14, Article III § 14-307, added by Ord. No. 06-01, effective March 2, 2006]
SECTION 14-308.
EXISTING DRAINAGE AND PLUMBING SYSTEMS. Prior to connection
to the City’s Facilities, the City Inspector shall examine the existing drainage system and the interior
plumbing system. All such systems shall conform to the requirements of this Ordinance and the
requirement of the Minnesota Plumbing Code. In the event that such drainage system or plumbing
system is determined to be non-conforming to the above requirements, the contractor, owner or occupant
shall do whatever corrective work which may be necessary before final hook-up to the City’s Facilities is
made. The decision of the City Inspector as to the extent of corrective work to be done in each individual
case to conform to the above requirements shall be final.
[Chapter 14, Article III § 14-308, added by Ord. No. 06-01, effective March 2, 2006]
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
SECTION 14-309.
INSTALLATION OF CONNECTIONS. All Sewer Services and Waterworks
services shall be installed by an utility installer or Master Plumber licensed in the State of Minnesota and
the City of Columbus. Any owner, occupant or licensed plumber may install, repair or make alteration to
the Building Drain or Building Sewer lines provided that said construction is conducted under the
regulations of this Ordinance. Prior to receiving a permit for plumbing work as outlined herein a
satisfactory showing must be made that such plumber, excavator, or utility installer is carrying liability
insurance in an accredited company with the City against loss as customarily provided in such policies.
[Chapter 14, Article III § 14-309, added by Ord. No. 06-01, effective March 2, 2006]
SECTION 14-310.
EXCAVATING WORK.
A.
CITY INSPECTION. All installation work or repair of connection to the Sanitary
Sewer, Sewer Service, or Waterworks system including grades, bends and backfilling shall be
inspected by the City Inspector. No work shall be covered or backfilled until directed by said
Inspector. All work and excavations shall be protected by barricades and warning markers and
lights reasonable and suitable for the purpose. The City shall be held harmless of any claim or
loss as might otherwise arise for damage, loss or injury caused by or arising by reason of such
work being performed.
B.
EXCAVATION PROCEDURES. No digging in any permanent type street shall be
permitted except by special written permission from the City. Backfilling shall be thoroughly
compacted by mechanical means to 95 percent Standard Proctor density. The top 12 inches of
the excavation shall be backfilled with Class 5 gravel base material. The bituminous surface
shall match existing thickness and shall be installed in accordance with Minnesota Highway
Department Specification.
Where excavations are unsatisfactorily filled and surfacing is improperly patched, the
City Council shall cause them to be placed in a satisfactory condition and the cost thereof shall
be charged to such plumber making the same, and the privilege of such plumber doing further
work within the City shall be suspended until such charge is paid. Such plumber shall be given
notice thereof and ten days within which to pay such charge.
[Chapter 14, Article III § 14-310, added by Ord. No. 06-01, effective March 2, 2006]
SECTION 14-311.
CONSTRUCTION REQUIREMENTS. All Building Sewers and Sewer
Service lines shall be of PVC schedule 40, ductile iron pipe, or extra strength cast iron soil pipe. Joints
shall be made by using a City approved pre-formed compression gasket. Individual service lines shall not
be less than 4 inches in diameter and shall be placed at a uniform grade of not less than 1/8 of an inch per
foot. Sewer Service lines shall contain no more than two (2) 45 degree bends, clean out shall be at
intervals not to exceed 80 feet. Multiple connections of more than one building shall be as approved by
the City Engineer as described under Section 14-304.M. No interconnection of the existing private sewer
system shall remain upon connection to the public system. If a Sewer Service connection is such that
gravity flow can be had to the public sewer main and a sump pump is presently used, said sump pump
shall be disconnected, discontinued and removed from service.
All water service lines shall be PVC AWWA C-900, ductile iron pipe, or Type K copper tubing.
Service lines shall have a minimum of 7.5 feet of cover to adequately protect from freezing. Where a
service has not previously been provided, all new connections to the watermain shall be performed
“under pressure” and a gate valve or curb stop provided at the point of connection or property line.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
The service installer should verify the location and elevation of the connection before proceeding
with the installation. Any deviation from the plan location which will affect the installing of the service
connections, should be brought to the attention of the City immediately. The City will assume no
responsibility for extra charges as a result of such misplaced connection unless it is notified before any
work is done and has had an inspection made by its representative to confirm the condition and to
authorize extra work.
[Chapter 14, Article III § 14-311, added by Ord. No. 06-01, effective March 2, 2006]
SECTION 14-312.
STORM WATER. It shall be unlawful for any owner, occupant or user of any
premises to direct into or allow any storm water, surface water, groundwater or water from air
conditioning systems to drain into the Sanitary Sewer of the City of Columbus.
[Chapter 14, Article III § 14-312, added by Ord. No. 06-01, effective March 2, 2006]
SECTION 14-313.
USE CHARGES.
A.
USE CHARGE. For the purpose of providing monies necessary to the construction,
maintenance, and operation of the Waterworks system of the City and the disposal system of the
City and the MCES as well as additions thereto, or extensions thereof, including payment of
principal and interest due or accruing on bonds and other obligations issued or incurred to
finance such construction, maintenance, and operation, there is hereby charged a “use charge” to
be collected by the City with respect to each lot, parcel of land, building or premises, having any
connection, direct or indirect, with the Waterworks system of the City or with the disposal
system of the City or otherwise discharging sewage, industrial waste, water or other waste
directly or indirectly to the City disposal system. The “use charge” is to be paid periodically
commencing with connection and continuing (unless for good cause, waived or excused) for as
long as the premises remain connected, whether or not such connection is actively used during
any particular period of time.
B.
COMPUTATION OF USE CHARGES. The rates due and payable to the City by each
owner or other account holder within the City for water taken from the water supply system shall
be established and adopted by the City through its fee schedule on an annual basis. The rates due
and payable to the City by each owner or other account holder within the City for sewage
discharged to the disposal system shall be established and adopted by the City through its fee
schedule on an annual basis. Owners and other account holders shall have the option of paying a
rate for payments made on or before the due date listed on the bill or the option of paying an
extended payment rate for payments made after the due date listed on the bill. The extended
payment rate shall also include a charge of five percent (5%) of the current bill amount that is not
paid by the due date listed on the bill. The five percent (5%) charge shall not exceed two
hundred dollars $200.00) in total for all utilities per billing account per billing period.
[Chapter 14, Article III § 14-313, added by Ord. No. 06-01, effective March 2, 2006, amended by Ord. No. 12-06, effective July 12, 2012.]
SECTION 14-314.
BILLING REGULATIONS.
A.
QUARTERLY BILLING. The City Treasurer or other designated person shall
compute the amount due to the City for sewerage and water use and render a statement thereof
quarterly. All amounts due as described herein shall be payable to the City of Columbus
attention City Treasurer or other designated person by the 16th of the month following the date
of the bill.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
B.
PENALTIES. A penalty of ten percent (10%) shall be added to all bills not paid by the
date fixed for final payment.
C.
INSTALLMENT PAYMENT FOR SEWER AVAILABILITY CHARGES.
Notwithstanding the requirements of Section 14-305.B., the City may enter into an agreement
with a residential property owner to defer connection to the public sewer system provided the
property owner agrees to make payment of local SAC fees on an installment basis. An
installment payment agreement under this section shall include, at minimum: a schedule of
installments due at not greater than annual intervals for a period not to exceed five years; a
provision terminating the agreement upon failure to comply with the payment schedule; a
provision terminating the agreement upon sale, transfer, development, or redevelopment of the
property; and a provision terminating the agreement in the event of a failing septic system as
provided in Section 14-306.
[Chapter 14, Article III § 14-314, added by Ord. No. 06-01, effective March 2, 2006, as amended by Ord. No. 13-04, effective November 7,
2013.]
SECTION 14-315.
SEWER FUND. All funds received from the collection of assessments,
connection charges, and sewerage use rates, shall be deposited by the City Treasurer or other designated
person within seven days after the receipt thereof and kept by the designated person as a separate and
distinct fund which shall be known as the Sewer Fund. These funds shall be used for the payment of all
costs incurred by the City in connection with the construction, maintenance and operation of the Sanitary
Sewer system within the City, and any excess received shall be used for retiring indebtedness incurred
for the construction of such sewage disposal system.
[Chapter 14, Article III § 14-315, added by Ord. No. 06-01, effective March 2, 2006]
SECTION 14-316.
WATERFUND. All funds received from the collection of assessments,
connection charges, and water use rates, shall be deposited by the City Treasurer or other designated
person within seven days after the receipt thereof and kept by the designated person as a separate and
distinct fund which shall be known as the Water Fund. These funds shall be used for the payment of all
costs incurred by the City in connection with the construction, maintenance and operation of the
Waterworks system within the City, and any excess received shall be used for retiring indebtedness
incurred for the construction of such Waterworks system.
[Chapter 14, Article III § 14-316, added by Ord. No. 06-01, effective March 2, 2006]
SECTION 14-317.
COLLECTION OF DELINQUENT CHARGES. Under Minnesota Statute §
444.075, as amended, the City may make charges for the availability of the Facilities and may provide
and covenant for certifying unpaid charges to the county auditor with taxes against the property served
for collection as other taxes are collected.
A.
DELINQUENT UTILITY ACCOUNTS. Accounts shall be considered delinquent
when no payments have been received after ninety (90) days following the due day and no
arrangement for payment has been agreed to by the owner or other account holder.
B.
DISCONNECTION OF SERVICE CHARGE. It shall be the duty of the City
Treasurer to endeavor to promptly collect delinquent accounts, and in all cases where satisfactory
arrangements for payment have not been made, instruction shall be given to discontinue service
by shutting off the water at the stop box.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
C.
ASSESSMENT OF DELINQUENT ACCOUNTS. All delinquent accounts shall be
certified to the City Treasurer who shall prepare an assessment roll each year providing for
assessment of the delinquent amounts against the respective properties served. The assessment
shall include the amount of the delinquent account and an administrative charge of $40.00,
together with interest thereon at the maximum lawful rate. This assessment roll shall be
delivered to the City Council for adoption on or before October first of each year. Such action
may be optional or subsequent to taking legal action to collect delinquent accounts.
[Chapter 14, Article III § 14-317, added by Ord. No. 06-01, effective March 2, 2006, amended by Ord. No. 09-02, effective March 5, 2009.]
SECTION 14-318.
WATER METERING REQUIREMENTS.
A.
WATER METER REQUIRED. Except for extinguishment of fires, no person except
authorized City employees shall use water from the water supply system of the City or permit
water to be drawn therefrom, unless the water is metered by passing through a meter supplied or
approved by the City. No person shall connect, disconnect, take apart, or in any manner change,
or cause to be changed, or interfere with any such meter or the action thereof unless authorized
by the City Council or designated City employees.
B.
WATER METER CHARGE. A charge shall be made to owners or account holders for
water meters, and payment for meters shall be made in advance before delivery for installation.
Water meters shall be equipped with remote reading devices. The charge will be the actual cost
to the City of supplying the meter.
C.
UNSERVICEABLE METERS. The City shall maintain and repair or replace all
meters when rendered unserviceable through ordinary wear and tear. However, when
replacement, repair or adjustment of any meter is rendered necessary by the act, neglect or
carelessness of the owner or occupant of any premises, any expense caused the City thereby shall
be charged against and collected from the owner or occupant of the premises. Water service may
be discontinued until the cause is corrected and the charge collected.
[Chapter 14, Article III § 14-318, added by Ord. No. 06-01, effective March 2, 2006]
SECTION 14-319.
WATER METER SETTING. All water meters hereafter installed shall be in
accordance with the connection regulations of the City and the following rules:
A.
SERVICE PIPE. The service pipe from the water main to the meter, when entering the
building, shall be brought through the floor in a vertical position. The building valve shall be
installed about twelve (12) inches above the floor.
B.
METER LOCATION. The meter shall be located so that the bottom is from six (6)
inches to twelve (12) inches above the finished floor line. The meter shall be set in the laundry
area adjacent to a floor drain, unless an alternate method is approved by the Utility Division. A
suitable bracket to support the meter in a proper vertical position and to prevent noise from
vibration shall be provided.
C.
FULL WAY VALVE. All meter installations shall have a full way valve on the street
side of the meter. In no case shall there be more than twelve (12) inches of pipe exposed
between the point of entrance through the basement floor and the building valve. A full way
valve shall also be installed on the house side of and adjacent to the meter.
D.
COPPER PIPING. Meter setting devices for 5/8 inch, 3/4 inch and one inch meters
shall be of copper pipe or tubing from the terminus of the service pipe up to and including the
house side full way valve.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
[Chapter 14, Article III § 14-319, added by Ord. No. 06-01, effective March 2, 2006]
SECTION 14-320.
RESTRICTED HOURS FOR SPRINKLING.
A.
RESTRICTIONS ON WATER USAGE. Whenever it is determined by either the
Mayor or the City Council that a shortage of water supply may be imminent, either may act in
accordance with the procedures hereinafter described to limit the uses of City water and the time
and hours during which water from the City water supply may be used.
B.
CITY COUNCIL ACTION. The City Council may act by resolution to limit water
usage. The resolution shall state in detail the restrictions imposed on water usage and the charge
for instances of noncompliance. The restrictions shall become effective 24 hours after passage of
the resolution. The City Council shall take such action as is reasonably practicable to inform the
general public of the imposition of the restrictions on water usage and of the charges and other
penalties which could be imposed for violation of such restrictions and post notice of water
restrictions in public places where other City notices are posted.
C.
ACTION BY THE MAYOR. The Mayor may act by filing with the City Clerk a
written certification that there is an imminent shortage of water supply. The certification shall
specify in detail the restrictions on water usage and the charge for instances of noncompliance
and shall become effective 24 hours after being filed. The City Clerk shall endorse on each filing
the time and date of filing. The Mayor shall take such action as is reasonably practicable to
inform the general public of the imposition of restrictions on water usage and of the charges and
other penalties for violation of such restrictions and post notice of the water restrictions in public
places where other City notices are posted. Restrictions imposed by the Mayor may be revoked
by written directive from the Mayor to the City Clerk, who shall endorse on such directive the
date and time of receipt, or by action of the City Council.
D.
PENALTIES.
1.
For each instance of noncompliance with water usage restrictions imposed by
this section, a charge of up to $25.00 shall be assessed against the property on which the
violation occurred and added to the water bill for such premises. The amount of the
charge shall be specified by the City Council in its resolution and the Mayor in his
certification to the City Clerk.
2.
Failure to comply with water usage restrictions after two warnings shall be cause
for the discontinuance of water service.
3.
Failure to comply with water usage restrictions shall be a petty misdemeanor
punishable by the maximum fine allowed by law for such offenses.
[Chapter 14, Article III § 14-320, added by Ord. No. 06-01, effective March 2, 2006]
SECTION 14-321.
SEPARABILITY OF SECTIONS. If any portion of this Ordinance shall be
held invalid, the invalidity of such portion shall not affect the validity of the other provisions of this
Ordinance which shall continue in full force and effect.
[Chapter 14, Article III § 14-321, added by Ord. No. 06-01, effective March 2, 2006]
SECTION 14-322.
PENALTY PROVISION. Any person, firm or corporation who shall do or
commit any act that is forbidden by the provisions of this Ordinance shall be guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not to exceed $1,000.00 or to be imprisoned in the
County Jail for a period not to exceed ninety days.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
[Chapter 14, Article III § 14-322, added by Ord. No. 06-01, effective March 2, 2006]
SECTION 14-323.
DEFERRAL OF SEWER AND WATER CONNECTION. Where there are
practical difficulties or hardships in requiring Sewer Service and Waterworks connections for an existing
residence, dwelling or building, the property owner may apply to the City Clerk for a deferral from the
connection deadlines.
A.
SEWER AND WATER CONNECTION DEFERRAL APPLICATION. In applying
for a deferral from the City’s five (5) year required Sewer Service connection and eight (8) year
required Waterworks connection once each become available, as required by Section 14-305, the
applicant shall show to the City Clerk that the applicant is unable to connect within the required
timeframe because the applicant is: (1) over 65 years of age; (2) permanently and totally
disabled; or (3) that it would be a financial hardship for the applicant to connect the Sewer
Service or Waterworks. The applicant shall provide their adjusted gross income when
illustrating that it would be a hardship to connect the Sewer Service or Waterworks. The City
Clerk shall make a determination as whether or not to grant the Sewer Service or Waterworks
connection deferral.
B.
APPEAL TO THE CITY COUNCIL. Should the City Clerk deny the request to defer
the Sewer Service and Waterworks connection, the applicant may appeal the City Clerk’s
decision to the City Council.
[Chapter 14, Article III § 14-323, added by Ord. No. 06-01, effective March 2, 2006]
SECTION 14-324.
ENTRY UPON PRIVATE PROPERTY. The City Engineer and other duly
authorized employees of the City bearing proper credentials and identification, shall at reasonable times
be permitted to enter upon all properties for the purpose of inspection, observation, measurement,
sampling and testing in connection with the operation of the City Sanitary Sewer and Waterworks
system.
[Chapter 14, Article III § 14-324, added by Ord. No. 06-01, effective March 2, 2006]
SECTION 14-325.
EFFECTIVE DATE. This Ordinance shall be in full force and effect from and
after its passage and publication according to law.
[Chapter 14, Article III § 14-325, added by Ord. No. 06-01, effective March 2, 2006]
ARTICLE IV
[Reserved for future use.]
ARTICLE V
[Reserved for future use.]
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
ARTICLE VI
PRIVATE SEWER SYSTEMS
SECTION 14-600.
ADOPTION OF STATE CODE. The Minnesota Pollution Control Agency,
Individual Sewage Treatment Systems Standards, cited as Minn. Rules, Ch. 7080 is hereby adopted by
the City of Columbus and is incorporated in the City Code of Ordinances as completely as if set out in
full with the additions thereto contained in this Article. A copy of the Code is on file in the office of the
City Clerk.
[CHAPTER 14, ARTICLE VI, § 14-600, amended by Ord. No. 89-17, effective December 8, 1989, amended by Ord. No. 89-14, effective July
13, 1990; amended by Ord. No. 09-04, effective March 19, 2009.]
SECTION 14-601.
DEFINITIONS.
A.
When not inconsistent with the context herein, definitions given elsewhere in this City
Code shall be applicable to this Article.
B.
The terms below shall have the following meanings in this Article.
1.
“Individual Sewage Treatment System” means an individual sewage treatment
system as defined by Minn. Rules, Ch. 7080.
2.
“Installer” means a natural person currently certified by the Minnesota
Pollution Control Agency as an Installer, who is the person on the job site who is
responsible for the lawful installation or repair of an Individual Sewage Treatment
System.
3.
“Designer” means a natural person currently certified by the Minnesota
Pollution Control Agency as a Designer who is qualified to design Individual Sewage
Treatment Systems or parts of Individual Sewage Treatment Systems.
4.
“Inspector” means a natural person currently certified by the Minnesota
Pollution Control Agency as an Inspector who is qualified to approve the designs of,
issue permits for, and inspects installation, construction, operation and maintenance of
Individual Sewage Treatment Systems.
5.
“Site Evaluator” means a natural person, currently certified by the Minnesota
Pollution Control Agency as a Site Evaluator, who is qualified to investigate and
evaluate a site to determine its suitability for the installation, operation, and maintenance
of an Individual Sewage Treatment System.
6.
“Pumper” means a natural person currently certified by the Minnesota Pollution
Control Agency as a Pumper who is qualified to clean and service sewage tanks or who
maintains other parts of Individual Sewage Treatment Systems.
7.
“Soil Treatment Area” means that portion of a building site in which the
Individual Sewage Treatment System will be located in accordance with Section 14-633.
8.
“Imminent Public Health Threat” means the occurrence of seepage pits;
cesspools; blocked, or leaking tanks; tanks that are not water tight; or tanks that are
located within the required separation as defined by Minn. Rules, Ch. 7080.
[§ 14-601, added by Ord. No. 89-14, effective July 13, 1990, Paragraph A.7 added by Ord. 96-6 effective Jan. 30, 1997, Paragraph B and B.7
amended, and B.8 added, by Ord. No. 98-5, effective July 30, 1998, amended by Ord. No. 07-02, effective March 1, 2007.]
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
SECTION 14-610.
RESTRICTIONS. Except as herein provided, it shall be unlawful to construct
or maintain any Individual Sewage Treatment System, privy, privy vault, septic tank, aerobic tank,
cesspool, or other facility intended or used for the disposal of sewage.
[§ 14-610, amended by Ord. No. 89-14, effective July 13, 1990.]
SECTION 14-620.
RESERVED FOR FUTURE USE.
SECTION 14-630.
CONFORMANCE WITH STATE REQUIREMENTS.
All Individual
Sewage Treatment Systems installed subsequent to the adoption of this Chapter and all alterations,
extensions, and repairs to Individual Sewage Treatment Systems irrespective of the date of original
installation shall conform to this Chapter and to the State Regulations hereinabove adopted.
[§ 14-630, amended by Ord. No. 98-5, effective July 30, 1998.]
SECTION 14-631.
ORDER TO CEASE USE. If, upon examination, the Building Inspector shall
determine that any Individual Sewage Treatment System, whether for residential, commercial or other
use, is insufficient or improperly constructed or operated, or that it constitutes a menace to the health and
welfare of the community, or that effluent therefrom is being discharged upon the ground or into a stream
or open ditch, he shall forthwith order the owners and users of said sewage disposal system to cease
operating and using it. Said owners and users shall immediately cease operating and using the Individual
Sewage Treatment System and shall not again operate or use it until such time as it has been corrected in
accordance with the recommendations of the Building Inspector. Upon correction, the Building Inspector
shall certify that the necessary corrections have been made and shall withdraw and cancel his order. A
failing or non-complying Individual Sewage Treatment System or an Individual Sewage Treatment
System that is considered an Imminent Public Health Threat shall be upgraded, repaired, or replaced
within ten (10) months from the date of notification by the Building Official.
[§ 14-631, amended by Ord. No. 98-5, effective July 30, 1998.]
SECTION 14-632.
POWER TO ENTER UPON PROPERTY. At the direction of the City
Council and with the consent of the owner of property subject to inspection, the Building Inspector or a
designated Inspector may be authorized to enter upon any premises between sunrise and sunset for the
purpose of examining any Individual Sewage Treatment System, vault, privy, cesspool, septic tank or
private drain, and shall be permitted access to any and all parts of any dwelling or building within the
City necessary for such examination. In the event of an imminent threat to human safety, the Building
Inspector or a designated Inspector may enter upon any premises for the purpose of inspecting and
correcting such threat.
[§ 14-632, amended by Ord. No. 89-14, effective July 13, 1990, amended by Ord. No. 98-5, effective July 30, 1998, amended by Ord. No. 0702, effective March 1, 2007.]
SECTION 14-633.
SOIL TREATMENT AREA REQUIRED. All Lots created after January 23,
1996 shall have a tested Soil Treatment Area suitable for two (2) Standard systems as defined by Minn.
Rules Ch. 7080. The Soil Treatment Area shall be clearly identified and protected from all construction
traffic. The proposed Individual Sewage Treatment System area shall be clearly identified and protected
at the time the area is tested.
The Soil Treatment Area for Individual Sewage Treatment Systems will be at least 6,000 square
feet in area, be of adequate size to accommodate two (2) Individual Sewage Treatment Systems for the
proposed structure, and contain not less than 12 inches of unsaturated soil, not including any fill material
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City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
that is placed in the Soil Treatment Area. The Soil Treatment Area must be suitable for two drainfield
locations to provide an alternate site in the event of failure of the first Individual Sewage Treatment
System installed in conjunction with a building site. The Soil Treatment Area for both the primary and
alternate sites shall be suitable for an Individual Sewage Treatment System and must conform to the
requirements of this Section. The Soil Treatment Area may adjoin or be located separate from the
Buildable Area required by Section 7A-201, Paragraph A.8B.
[§ 14-633, added by Ord. No. 96-6, effective Jan. 30, 1997, amended by Ord. No. 98-5, effective July 30, 1998.]
SECTION 14-634.
ALTERNATIVE OR EXPERIMENTAL SYSTEMS.
Alternative or
Experimental systems as defined by Minn. Rules 7080, shall e allowed in the City in conformance with
Minn. Rules Ch. 7080.
If an existing Lot has only one area suitable for a Standard system as defined by Minn. Rules Ch.
7080, the Building Official or the Zoning Administrator may allow an Alternative or Experimental
system, as defined by Minn. Rules. Ch. 7080, to be installed first and the standard site set aside for future
use. This provision shall apply only to Lots in existence at the time of the adoption of this Section.
Property owners of Lots in existence prior to the adoption of this Section not having at least one (1)
septic area suitable for a Standard system shall obtain a variance if the septic area does not provide three
feet of separation, including at least 12 inches of unsaturated soil. For new construction, an Alternative
or Experimental System may be installed provided that there is one (1) additional septic area suitable for
a Standard system. Alternative or Experimental Systems, as approved by the Building Official or Zoning
Administrator may be installed as replacement systems for existing sites. Alternative Individual Sewage
Treatment systems installed before the effective date of this Chapter will be allowed to continue, for the
purpose now used, but shall not be replaced without complying in all respects to this Chapter.
[§ 14-634 added by Ord. No. 96-6, effective Jan. 30, 1997, amended by Ord. No. 98-5, effective July 30, 1998, amended by Ord. No. 07-02,
effective March 1, 2007, amended by Ord. No. 09-02, effective March 5, 2009.]
SECTION 14-635 .
INDIVIDUAL SEWAGE TREATMENT SYSTEM DESIGN AND
CONSTRUCTION REQUIREMENTS. The following shall apply to the design and construction of
Individual Sewage Treatment Systems:
A.
General Requirements.
1.
Required Individual Sewage Treatment Systems upgrades shall be constructed
prior to the issuance of a building permit.
2.
One entity shall not design, install, and inspect the same Individual Sewage
Treatment System.
B.
Design Requirements.
1.
Individual Sewage Treatment System designs shall identify an alternate septic
site.
2.
A Warranted Individual Sewage Treatment System, as defined by Minnesota
Rules Ch. 7080, shall be considered an experimental System and shall conform with
application regulations set forth in Minn. Rules Ch. 7080.
3.
A minimum of four (4) soil borings shall be required for each Individual Sewage
Treatment System.
4.
Gravity trenches shall consist of a minimum of four (4) equal trenches.
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Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
C.
D.
E.
F.
G.
5.
Pressurized beds may be allowed on slopes greater than 6 percent, provided the
cover soils do not exceed 36 inches over the pipe and the required separation is satisfied.
Required Materials.
1.
Schedule 40 pipe shall be used from the Structure to the septic tank.
Tank Requirements.
1.
Holding tanks are prohibited, unless installed as: (a) as an interim sewer facility
in the Freeway Development Districts pursuant to Section 7A-761A and Section 7A771A; or (b) to serve an accessory building with limited sewage flow on residential
property. Before approving the installation of a holding tank, the Building Official shall
consider the suitability of the location of the holding tank, the availability of other
alternatives to installation of the holding tank, and any mitigation of potential
environmental effects that the Building Official should deem reasonable given the
circumstances. Other than stated in this Section, a holding tank shall not be used to
satisfy the sewage requirements for a principal use of the property in any zoning district
within the City. Any variance requested from the requirements of the City Code,
Minnesota Statutes, Chapter 115 or Minnesota Rules, Part 7080 must be approved by the
City Council.
2.
The minimum capacity for lift stations shall be 1,000 gallons.
3.
The individual Sewage Treatment System tank capacities shall be as follows:
(a)
2 bedrooms or less = 1000 gallon minimum
(b)
3 bedrooms - 1250 gallon minimum
(c)
4 bedrooms - 1500 gallon minimum
(d)
5 and 6 bedrooms - 2000 gallon minimum
For 7 or more bedrooms, Individual Sewage Treatment System tan capacities
shall be sized in accordance with “Other establishments” as defined by Minn.
Rules, Ch. 7080.
Construction Requirements.
1.
An existing or proposed and alternate Individual Sewage Treatment System
areas shall be clearly identified and protected prior to the issuance of a building permit.
2.
Individual Sewage Treatment System areas, including alternate areas, located on
commercial property shall be permanently protected from all vehicle traffic.
3.
The maximum depth of maintenance holes shall be six (6) inches.
4.
A marker pipe shall be installed for maintenance holes on tanks located below
grade.
5.
Inspection pipes shall measure a minimum of four (4) inches in diameter.
6.
Inspection pipes shall be secured so as to prevent removal from the ground.
7.
Design sheets shall be present during on-site inspections.
8.
Wiring shall not be located across any septic or lift station tank.
Set Back Requirements.
1.
Septic tanks shall be placed a minimum of 20 feet from any Building exit.
2.
Property line setbacks may be reduced for an Individual Sewage Treatment
System if written consent is obtained from adjacent property owners.
Public Buildings, Churches, and Commercial Buildings.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
1.
Owners of Public Buildings, Churches, and Commercial buildings with a design
flow rate of 2000 gallons per day (gpd) shall be required to have a Designated Registered
Professional on staff, as defined by Minn. Rules Ch. 7080, or shall have contracted with
an MPCA licenses Individual Sewage Treatment System company to maintain and
manager on-site Individual Sewage Treatment Systems. Such contract shall be on file
with the City.
[§ 14-635, added by Ord. No. 98-5, effective July 30, 1998, amended by Ord. No. 03-02, effective April 10, 2003, amended by Ord. No. 07-02,
effective March 1, 2007, amended by Ord. No. 09-02, effective March 5, 2009, amended by Ord. No. 12-02, effective April 5, 2012, amended by
Ord. No. 12-04, effective June 14, 2012.]
SECTION 14-636.
SEPTIC REPORTS. A septic report shall be required for Accessory Buildings
and Building additions over 240 square feet before a building permit will be issued. The report shall
include the following:
A.
Identification of an alternate Individual Sewage Treatment System site of at least 3,000
square feet and soils suitable for a Standard System as defined by Minn. Rules Ch. 7080.
B.
The location of all wells on the property.
[§ 14-636, added by Ord. No. 98-5, effective July 30, 1998.]
SECTION 14-637.
COMPLIANCE INSPECTIONS.
A.
A Compliance inspection, as defined by Minn. Rules Ch. 7080, shall be required prior to
the following:
1.
Sale or transfer of ownership of any Building;
2.
Public or Church Accessory Building or Building additions over 240 square feet.
B.
An Individual Sewage Treatment System found in noncompliance with the requirements
of this Chapter shall be either:
1.
Brought into compliance; or
2.
Have established a Septic Compliance Escrow Account in accord with the
provisions of this section prior to the sale or transfer of ownership, or prior to the
construction of a Public or Church Accessory Building or Building over 240 square feet.
C.
An Individual Sewage Treatment System found in compliance but lacking proper access
to the maintenance hole shall have the required risers and inspection pipes installed to conform
with the requirements of this Chapter.
D.
An Individual Sewage Treatment System shall be pumped at the time of the Compliance
inspection unless the Individual Sewage Treatment System is found in noncompliance and is
required to be repaired or upgraded.
E.
Septic Compliance Escrow Accounts are a temporary alternative to conformance on the
date of sale. Establishing a Septic Compliance Escrow Account is not conformance with the
provisions of this section; however, it is a defense against enforcement during the duration of the
hardship. A Septic Compliance Escrow Account may be established whenever the Seller
demonstrates, and the City Council finds that:
1.
A hardship not created by the Buyer or Seller makes it impossible or impractical
to bring the system into compliance; and
2.
The hardship is temporary, so that within six (6) months the hardship will be
alleviated and the system will be brought into compliance. Soil frozen to a depth of
more than twelve (12) inches is deemed a hardship. Hardship may be found due to
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impractical cost whenever factors not created by the Seller cause the cost of the
compliance repairs to increase to 133% or more of the cost of repairs without the
claimed hardship factors. Hardship may also be found due to impossibility when no
locally available contractor has the equipment necessary to perform the compliance
repairs, provided locally available contractors have the equipment necessary to perform
compliance repairs without the hardship.
F.
The Septic Compliance Escrow Account will be established and maintained by the Buyer
and Seller. Following the finding of hardship, the Buyer and Seller will obtain estimates of the
cost of compliance repair. The City Building Inspector will review these estimates. Buyer and
Seller shall establish an Escrow Account, naming the City of Columbus as a necessary party for
the release of escrow funds. (An example of a suitable agreement is included in Appendix A).
Buyer and Seller shall then deposit an amount equal to 125% of the estimated compliance repair
cost into the Escrow Account. Upon a showing that the Buyer and Seller have entered into the
required Escrow Agreement, the City shall approve the sale contingent on the successful
completion of compliance repairs and closing of escrow. The contingency may be recorded
against the property. Upon completion of compliance repairs, the City shall authorize the release
of escrow funds and remove the contingency recorded against the property.
[§ 14-637, added by Ord. No. 98-5, effective July 30, 1998 and amended by Ord. No. 98-12, effective December 31, 1998, amended by Ord.
No. 07-02, effective March 1, 2007.]
SECTION 14-640.
CONSTRUCTION PERMIT REQUIRED. No person shall install, alter,
excavate, repair, replace, or extend Individual Sewage Treatment System or any component thereof,
including, pipes, tanks, drop boxes, distribution boxes, and drain fields, in the City without first obtaining
a construction permit therefore from the Building Inspector for the specific installation, alteration,
excavation, repair, or extension. No land disturbing activities in furtherance of such construction shall be
permitted until a determination has been made by the Zoning Administrator as to the applicability of
Chapter 7D to the proposed construction. A construction permit for these purposes shall only be applied
for and issued to a licensed Installer. A Construction Permit for an Individual Sewage Treatment System
is separate from a Building Permit issued under Chapter 13 of this City Code. For new construction, the
applications for a construction permit, building permit, and zoning permit (Ch. 7A) shall be processed
together.
The City Council may refuse to issue a construction permit for cause or upon the
recommendation of the Building Official or City Administrator. The City Council may revoke a permit
for cause for any violation of this Chapter or any other provisions of the City Code, or for falsification or
misrepresentation of any documents, records or reports submitted to obtain a permit.
[§ 14-640, amended by Ord. No. 89-14, effective July 13, 1990, amended by Ord. No. 94-5, effective January 12, 1996, amended by Ord. No.
98-5, effective July 30, 1998, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-04, effective March 19, 2009.]
SECTION 14-641.
APPLICATION FOR CONSTRUCTION PERMIT. Application for a
construction permit shall be made in writing to the Building Inspector on such forms as he may from time
to time designate, and shall include such information as may be required, including but not limited to, the
following:
A.
The correct legal description, street address, and PIN (property tax I.D. number) of the
property.
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City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
B.
A site plan showing the location of any proposed or existing buildings located on the
property with respect to the boundary lines of the property, including the location of the required
Soil Treatment Area, complete plans of the proposed Individual Sewage Treatment System with
the substantiating data showing compliance with the minimum standards of this Chapter and with
the site evaluation requirements of Minn. Rules Ch. 7080, and if applicable, a Storm Water
Management Plan pursuant to Chapter 7D of this City Code. A complete plan shall include the
location, size, and design of all parts of the Individual Sewage Treatment System to be installed,
altered, repaired or extended. The site evaluation report shall be signed by a Site Evaluator. The
Individual Sewage Treatment System design shall be signed by a Designer.
C.
The present or proposed location of water supply facilities and water supply piping.
D.
The name, address and telephone number of the Installer who is to install the Individual
Sewage Treatment System.
E.
A complete copy of the Individual Sewage Treatment System design.
F.
A copy of the Designer’s MPCA License.
G.
A copy of the Installer’s MPCA license.
H.
A well certification shall be required for the installation of an Individual Sewage
Treatment System where an existing well is located within 100 feet of a Soil Treatment Area.
The well certification shall be prepared by a licensed well driller and shall indicate the depth,
type, and location of the existing well.
[§ 14-641, amended by Ord. No. 89-14, effective July 13, 1990, amended by Ord. No. 94-5, effective January 12, 1996, Paragraph B, amended
by Ord. No. 96-6, effective Jan. 30, 1997, amended and Paragraphs E, F, G and I added by Ord. No. 98-5, effective July 30, 1998, amended by
Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-02, effective March 5, 2009.]
SECTION 14-642.
CONSTRUCTION AND INVESTIGATION PERMIT FEES.
A.
The construction permit fee for new and replacement Individual Sewage Treatment
Systems shall be determined by the City Council and published in a fee schedule. For Individual
Sewage Treatment Systems over which Anoka County has jurisdiction, an additional permit fee
shall be charged.
B.
When an investigation is deemed necessary by the Building Inspector, an investigation
fee shall be charged in an amount not less than the actual cost to the City.
C.
A plan review fee shall be charged for Alternative and Experimental Individual Sewage
Treatment Systems as defined by Minn. Rules, Ch. 7080.
D.
The Construction Permit shall be valid for a period of sixty (60) days from date of
issuance, unless issued simultaneously with a building permit for new construction, in which
case it shall be valid for the same period as the building permit.
[§ 14-642, amended by Ord. No. 89-14, effective July 13, 1990, amended and paragraph B and C added by Ord. No. 98-5, effective July 30,
1998, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-02, effective March 9, 2009.]
SECTION 14-643.
CONSTRUCTION INSPECTION.
A.
General Provisions. The Building Inspector shall make such inspection as is necessary
to determine compliance with this Chapter. No part of an Individual Sewage Treatment System
shall be covered until it has been inspected and accepted by the Building Inspector. It shall be
the responsibility of the Installer to notify the Building Inspector that the job is ready for
inspection or reinspection. Pursuant to the authority granted by Minn. Stat. § 115.04, as
amended, whenever it is necessary for the purposes of this Chapter, the Building Inspector or
other authorized City Inspector, upon presentation of identifying credentials to the owner or
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occupant, may enter upon any property, public or private, for the purposes of obtaining
information or conducting surveys, investigations or inspections. It shall be the duty of the
owner or occupant of the property to give the Building Inspector or other authorized Inspector,
free access to the property at reasonable times for the purpose of making such inspections.
As-built documentation, certification, and drawings shall be submitted within five (5) days of
completion of any permitted Individual Sewage Treatment System. It shall be the Installer’s
responsibility to install the Individual Sewage Treatment System and all components thereof to
the specifications of the submitted Individual Sewage Treatment design and in compliance with
applicable state and local regulations. Upon satisfactory completion and final inspection of the
system the Building Inspector shall indicate approval on the application. If upon inspection the
Building Inspector discovers that any part of an Individual Sewage Treatment System is not
constructed in accordance with the minimum standards provided in this Chapter, he shall give the
Installer written notification describing the defects. The Installer shall pay an additional fee of
$15.00 for each reinspection that is necessary. The Installer shall be responsible for the
correction or elimination of all defects and no Individual Sewage Treatment System shall be
place or replaced in service until all defects have been corrected or eliminated.
B.
Inspection Requirements.
1.
A Designated Registered Professional, as defined by Min. Rules, Ch. 7080, shall
be present on-site during the construction and inspection of an Individual Sewage
Treatment System.
2.
An inspection shall take place upon each of the following:
(a)
Ground scarification for at grades and mound systems;
(b)
Installation of rock and pipes;
(c)
Installation of septic tank, manhole covers, risers, and inspection pipes;
and
(d)
After the Individual Sewage Treatment System is covered and the finish
is graded.
3.
In the event the required inspection cannot be performed by the City,
photographs of the installed Individual Sewage Treatment System shall be furnished with
the required as-built documentation. This provision shall only apply if permission from
the Building Official or Zoning Administrator is obtained at least 48 hours in advance of
the installation of the Individual Sewage Treatment System. The decision to grant
permission is within the sole discretion of the Building Official or Zoning Administrator.
C.
A plan review fee shall be charged for Alternative and Experimental Individual Sewage
Treatment Systems as defined by Minn. Rules Ch. 7080.
[§ 14-643, amended by Ord. No. 89-14, effective July 13, 1990, Paragraph A amended and Paragraph B added by Ord. No. 98-5, effective July
30, 1998, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-02, effective March 5, 2009.]
SECTION 14-644.
BACKFILLING. Backfilling above the cover level of any septic tank or similar
tank, or any building sewer, shall not commence until permission has been granted by the Building
Inspector.
[§ 14-644, amended by Ord. No. 98-5, effective July 30, 1998.]
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Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
SECTION 14-645.
MAINTENANCE INSPECTION AND PUMPING.
A.
Triennial Pumping. Each Individual Sewage Treatment System shall be pumped
triennialy. A report of the pumping shall be filed with the City. The initial pumping report shall
be filed no later than January 1, 2001.
B.
Minimum Maintenance Standards. In the event the following minimum standards are
verified by a licensed MPCA Septic Inspector and such verification is filed with the City, no
pumping report shall be required. The maintenance inspections shall determine that the
Individual Sewage Treatment System meets the following minimum standards:
1.
Sludge in the septic tank or in an Alternative Individual Sewage Treatment
System tank is more than twelve (12) inches below the bottom of the outlet baffle.
2.
Scum in the septic tank or in an Alternative Individual Sewage Treatment
System tank is not more than three (3) inches above the bottom of the outlet baffle.
3.
The drain fields or other Individual Sewage Treatment System components show
no evidence of effluent percolating to the surface;
4.
For an Individual Sewage Treatment Systems located near a lake, stream or
wetland, the Individual Sewage Treatment System shows no evidence of effluent being
discharged into the adjacent waters, as determined by a dye test;
5.
Adequate drainage of interior plumbing fixtures.
An Individual Sewage Treatment Systems failing any one of these standards shall be
pumped, repaired, maintained, reconstructed, or relocated, as determined by the Building
Inspector.
C.
Owner Responsibility.
1.
The Owner of each Lot upon which the improvements are served by an
Individual Sewage Treatment System is responsible for the lawful operation and
maintenance of each on-site system. “Owner,” as used herein, shall mean the fee
owner(s) and, if applicable, the contract-for-deed purchaser. Ownership interests shall
be determined by reference to the records of the Anoka County Recorder/Registrar of
Titles.
2.
The Zoning Administrator shall ensure, through periodic review of city records,
that every Individual Sewage Treatment System is inspected or pumped at least once
every three (3) years. The owner of each Lot is responsible for having the inspection or
pumping of his/her individual Sewage Treatment System completed and for submitting a
written inspection or pumping report to the City. The owner shall hire an Inspector or
Pumper to conduct the inspection or pumping and to complete the required report. The
Pumper shall file a complete inspection or pumping report with the Zoning Administrator
within thirty (30) working days following the actual date upon which the Individual
Sewage Treatment System was cleaned or pumped. The required reports shall, at a
minimum, certify that the Individual Sewage Treatment System meets the standards of
this Section. The reports shall be signed by the owner and the Inspector. All parties
signing the reports shall attest to the following statement:
“Under penalties of law, I declare that I have examined this
Report and all of its attached pages and drawings, and to the best
of my knowledge and belief, they are true, correct, accurate, and
complete.”
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Anoka County, Minnesota
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3.
It shall be the owner’s responsibility to ensure that additives are not introduced
into the Individual Sewage Treatment.
D.
Inspection by City. If the owner of a Lot fails to file the required reports, every three (3)
years, or files incomplete reports, , the Zoning Administrator shall by certified mail notify the
owner that a complete report shall be filed with the City within thirty (30) days from the date of
the notice. In the event the owner fails to file a complete report with the City within the thirty
(30) day period, the Building Inspector or other qualified Inspector shall inspect the Individual
Sewage Treatment System and file the report on behalf of the owner. The City’s costs of such
inspection shall be reimbursed to the City within thirty (30) days of the date upon which an
invoice is mailed to the owner.
[§ 14-645, added by Ord. No. 89-14, effective July 13, 1990, amended by Ord. No. 98-5, effective July 30, 1998, amended by Ord. No. 07-02,
effective March 1, 2007.]
SECTION 14-646.
PUMPING PERMITS AND FEES. A permit shall be obtained for each
pumping job. An application for the permit shall be submitted to the City Administrator by the Pumper.
The application for any pumping permit shall be on a form approved by the City Administrator and shall
include sufficient information to identify and locate the Pumper’s dumping facility, and to identify the
Pumper and approved pumping vehicle. The fee for a permit shall be determined by the City Council and
published in a fee schedule. The City Council may refuse to issue a pumping permit for cause or upon
the recommendation of the Building Official or City Administrator. The City Council may revoke a
permit for cause, for any violation of this Chapter or any other provisions of the City Code or for
falsification or misrepresentation of any documents, records or reports submitted to obtain a permit.
A.
Routine Pumping. A “routine pumping” permit is issued for a pumping which occurs
twelve (12) months or more after the previous cleaning. The permit fee for a routine pumping
shall be determined by the City Council and published in a fee schedule.
B.
Frequent Pumping. The application for a third pumping permit within a twelve (12)
months period is indicative of a failing Individual Sewage Treatment System and requires an
inspection of the system (see § 14-647).
C.
Emergency Pumping. An “emergency pumping” is defined as a pumping (1) which is
required because of the Individual Sewage Treatment System’s failure to meet the minimum
standards of § 14-645, especially failure of plumbing fixtures to drain properly or effluent
backing up from the system, and (2) which occurs or is necessitated during hours or days when
the City Administrator is not available at the City Hall to issue a pumping permit. The Pumper
shall obtain a pumping permit within five (5) working days following the date of the emergency
cleaning or pumping.
[§ 14-646, added by Ord. No. 98-5, effective July 30, 1998, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-04,
effective March 19, 2009.]
SECTION 14-647.
ADDITIONAL INSPECTIONS. The issuance of three (3) or more pumping
permits (see § 14-646) within a twelve (12) month period for the same Individual Sewage Treatment
System shall be considered strong evidence by the City that the system is approaching failure or is
inadequately designed. Upon the issuance of a third pumping permit within a twelve (12) month period,
the Building Inspector shall review the inspection and pumping reports and then, at his discretion, inspect
the entire Individual Sewage Treatment System to determine that it is in compliance with the minimum
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Anoka County, Minnesota
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standards of § 14-645. A failed Individual Sewage Treatment System shall be cleaned, repaired,
maintained, reconstructed, or relocated, as determined by the Building Inspector.
[§ 14-646, added by Ord. No. 89-14, effective July 13, 1990, changed to 14-647 and amended by Ord. No. 98-5, effective July 30, 1998,
amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 14-648.
RECORDS. The Building Inspector shall coordinate a record keeping systems
so that a separate city file is maintained for each individual sewage treatment system. The record for
each Individual Sewage Treatment System shall, at a minimum, include:
A.
Property address, legal description and PIN (county auditor’s property identification
number);
B.
Property site plan showing buildings, wells, Individual Sewage Treatment System
components, drain field, lakes, streams, wetlands, and surface drainage patterns;
C.
Site evaluation data and analysis of soils (by percolation tests and soil borings), detailing
water table depth, mottled soil depth, types of soils, depth of “hardpan,” and other soils data;
D.
Construction Permit history;
E.
Cleaning and pumping permit history; and,
F.
Inspection history.
[§ 14-647, added by Ord. No. 89-14, effective July 13, 1990, changed to 14-648 and amended by Ord. No. 98-5, effective July 30, 1998,
amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-04, effective March 19, 2009.]
SECTION 14-649.
LICENSING.
All design, construction, installation, alteration, repair,
maintenance, cleaning, pumping or inspections activity for an Individual Sewage Treatment System shall
be completed under a MPCA license or by a Qualified Employee, as defined by Minn. Rules, Ch. 7080,
or as exempted under Minn. Rules Ch. 7080. A copy of the license shall be filed with the City prior to
the commencement of the Individual Sewage Treatment System design, construction, installation,
alteration, repair, maintenance, cleaning, pumping, or inspection.
[§ 14-650, amended by Ord. No. 89-14, effective July 13, 1990, changed to 14-649 and amended by Ord. No. 98-5, effective July 30, 1998,
amended by Ord. No 07-02, effective March 1, 2007, amended by Ord. No. 09-02, effective March 5, 2009.]
SECTION 14-650.
EMPTYING SEPTIC TANKS. No Pumper or other person shall empty or
remove the contents of any vault, privy, cesspool, septic tank or drain, otherwise than in a container made
tight and closely covered and at such hours or times of the day or night as the health officer or Building
Inspector may direct.
[§ 14-653, amended by Ord. No. 89-14, effective July 13, 1990.]
[§ 14-653 changed to 14-650 and amended by Ord. No. 98-5, effective July 30, 1998.]
SECTION 14-651.
STORAGE DISTANCE FROM BUILDINGS. No Pumper or other person
shall place, keep, or store, when not in actual use, any pumping box, cask, cart, tank, vessel, container,
vehicle, or tools, used in pumping services, within 300 feet of any private residence, school building,
church building, public grounds, or commercial building, unless stored in a Garage or Accessory
Building.
[§ 14-654, amended by Ord. No. 89-14, effective July 13, 1990.]
[§ 14-654 changed to 14-651 by Ord. No. 98-5, effective July 30, 1998.]
SECTION 14-652.
DISPOSAL OF CONTENTS. Within the jurisdictional limits of the City, no
Pumper or other person shall dispose of the contents of any vault, privy, cesspool, septic tank, or other
private drain in any place without first notifying the Building Inspector, in writing, of the place where it
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is proposed to make such disposal and obtaining a permit therefore. No Pumper or other person shall
dispose of any contents by depositing the same on the open ground or in any well or open stream or body
of water, and all such contents shall be either buried under at least one (1) foot of earth in a place
approved by the Building Inspector or disposed of in such other place as may be designated and approved
by him.
[§ 14-655, amended by Ord. No. 89-14, effective July 13, 1990, changed to 14-652 and amended by Ord. No. 98-5, effective July 30, 1998,
amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 14-653.
APPROVED VEHICLE. (Deleted)
[§ 14-656, deleted by Ord. No. 89-14, effective July 13, 1990, renumbered to 14-653 by Ord. No. 98-5, effective July 30, 1998.]
SECTION 14-654.
VIOLATIONS. Any violation of, or neglect to comply with, the provisions of
this Chapter on the part of any person, or any neglect or refusal of any owner or occupant of any
premises to permit his premises to be examined as herein provided, and the same to be cleaned, repaired,
reconstructed, or abandoned shall be a violation of this Code and shall be found guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine or imprisonment in accordance with the
provisions of Chapter 1, Section 1-109 of this City Code.
[CHAPTER 14, ARTICLE VI, § 14-660, amended by Ord. No. 86-3, effective February 21, 1986, amended by Ord. No. 89-14, effective July 13,
1990, amended by Ord. No. 92-2, effective April 17, 1992, changed to 14-654 by Ord. No. 98-5, effective July 30, 1998, amended by Ord. No.
07-02, effective March 1, 2007.]
ARTICLE VII
SOLID WASTE MANAGEMENT
SECTION 14-700.
ADOPTION OF COUNTY ORDINANCE. The Anoka County, Minnesota,
Solid Waste Ordinance, adopted by Anoka County Board Action on January 2, 1973, is hereby adopted
by the City of Columbus and is incorporated in the City Code of Ordinances as completely as if set out in
full. A copy of the Ordinance is on file in the office of the City Clerk.
[§ 14-700, amended by Ord. No. 89-14, effective July 13, 1990, amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 14-750.
SOLID WASTE DISPOSAL. All solid waste in the City of Columbus shall,
except where superseded by the provisions of § 14-700, be disposed of in the manner provided for in
Article VII of Chapter 14 of this City Code.
[§ 14-750 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 14-751.
DEFINITIONS.
A.
For the purpose of these regulations, certain terms, words and phrases uses herein shall
be used, interpreted and defined as set forth below.
B.
Whenever any words or phrases used herein are not defined herein, but are defined in the
State laws or county ordinances regulating disposal of solid waste, any such definition therein
shall be deemed to apply to such words and phrases used herein, except when the context
otherwise requires.
C.
For the purposes of these regulations, the words, terms and phrases used herein shall be
interpreted as follows:
1.
“Compost” - means any organic matter such as leaves, grass clippings, straw,
lake weeds, vegetation, vegetable scraps, coffee grounds, egg shells, and other
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biodegradable matter which under proper conditions will be converted to a soil like
substance used for fertilizer and as a soil conditioner.
2.
“Garbage” - means any organic waste resulting from the preparation of food,
and decayed and spoiled food from any source.
3.
“Recyclables” or “recyclable material” - means all paper, plastic, tin cans,
aluminum, ferrous metals, motor oil, glass, and other metals, each separated and cleaned
or otherwise prepared so as to be acceptable for recycling.
4.
“Refuse” - means all garbage, rubbish, and all discarded matter or materials.
5.
“Rubbish” - means all inorganic, solid waste such as ashes, sweepings, and
other non-reusable waste.
SECTION 14-752.
RECYCLING. In order to help the City meet its goal of reducing its production
of solid waste which must be placed in a county solid waste landfill, every citizen, every household,
every occupant or owner of any residential dwelling, and every owner or occupant of any commercial or
industrial establishment is encouraged to recycle all of the recyclable materials which are currently being
discarded as solid waste. The city has a program in place to provide every household with a standardized
recycling container.
[§ 14-752 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 14-753.
COMPOSTING. In order to help the City meet its goal of reducing its
production of solid waste which must be placed in a county solid waste landfill, every citizen, every
household, every occupant or owner of any residential dwelling, and every owner or occupant of any
commercial or industrial establishment is encouraged to compost all of the compostable materials
produced on site. Composting should be done in a manner which is generally recognized to be sanitary,
environmentally effective, and useful for the property owner. A well-recognized guideline in Minnesota
for composting is produced by the University of Minnesota Extension Service (Department of Soil
Science), entitled “Composting and Mulching: A Guide to Managing Organic Yard Wastes,”
(Publication No. AG-FO-3296, revised 1988).
[§ 14-753 amended by Ord. No. 07-02, effective March 1, 2007).
SECTION 14-754.
BURIAL OR ACCUMULATION OF CERTAIN SOLID WASTES
PROHIBITED. No person shall bury any refuse, recyclables, garbage or rubbish within the City unless
the site has been approved and licensed as a solid waste landfill or solid waste disposal site by Anoka
County.
[§ 14-750 through § 14-754, added to Ch. 14 of the Town Code by Ord. No. 90-2, effective March 23, 1990, amended by Ord. No. 07-02,
effective March 1, 2007.]
ARTICLE VIII
REGULATION OF REFUSE COLLECTORS
SECTION 14-800.
VIII.
DEFINITIONS. The definitions contained in § 14-751 apply to this Article
SECTION 14-801.
LICENSE REQUIRED. No person shall engage in the business of collecting
refuse within the City of Columbus without a license as required herein. No person shall permit refuse to
be collected from his premises by an unlicensed collector. Collection of demolition debris or
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construction waste in a roll off container is exempt from the licensing requirements of this Article.
However, collectors of demolition waste and construction waste shall have a current policy of public
liability insurance and shall provide proof of same to the City Clerk or Deputy Clerk upon request.
[§ 14-801 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-04, effective March 19, 2009.]
SECTION 14-802.
ADMINISTRATION. The general provisions of Chapter 4, Article I, of this
City Code shall apply to the administration of licenses issued to refuse collectors.
[§ 14-802 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 14-803.
LICENSE APPLICATION AND REQUIREMENTS. Any person, firm or
corporation desiring a license to collect refuse shall make application for the same to the Town Manager.
The application shall set forth:
A.
The name and address of the applicant;
B.
A list of equipment proposed to be used in the collection;
C.
A description of the kind of services proposed to be rendered and the frequency of the
collections;
D.
A place to which the refuse is to be hauled;
E.
The manner in which the refuse is to be hauled;
F.
A description of each type of container that will be used to receive and contain refuse
that may accumulate between collections; and
G.
A description of the equipment to be used in picking up recyclable materials.
SECTION 14-804.
CONDITIONS OF LICENSE. The following shall be conditions of all
licenses issued to refuse collectors and haulers in the City of Columbus:
A.
Insurance. No license shall be issued until the applicant files with the City Clerk a
current policy of public liability insurance covering vehicles to be used by the applicant in the
licensed business. Such insurance shall be in the minimum amount of $100,000.00 for each
person and $300,000.00 for each accident. “City of Columbus, Anoka County, Minnesota” shall
be named as an additional insured party upon the certificate of insurance delivered to the City
Clerk.
B.
General License Bond. No license shall be issued until the applicant files a general
license bond in the amount of $500.00, assuring the City that the licensee shall abide by the
terms of this ordinance.
C.
License Fee. The annual license fee shall be $25.00. The fee shall be paid upon
application and on January 1 of each year thereafter.
D.
The refuse collector’s license shall be valid only as long as the licensee maintains an
active, regular, and properly managed program for the collection of recyclable materials. The
licensee shall provide written reports to the City Clerk every three (3) months to indicate the
quantities of recyclable materials collected and the disposition of the recyclable materials. Each
licensee shall make its recyclable collection available to all residential dwellings within the city
whether or not the owner or occupant of that residential dwelling utilizes the licensee’s services
for collection of other refuse. The licensee may charge a reasonable fee for the collection of
recyclable materials.
[§ 14-800 through § 14-804, added to Article VIII of Ch. 14 of the Town Code by Ord. No. 90-2, effective March 23, 1990, amended by Ord.
No. 07-02, effective March 1, 2007, amended by Ord. No. 09-04, effective March 19, 2009.]
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
ARTICLE IX.
REGULATIONS FOR HAZARDOUS SUBSTANCES AND PETROLEUM CONTAMINATED
SOILS.
SECTION 14-900.
TITLE. This Article may be cited as the “City of Columbus Regulations for
Hazardous Substances and Petroleum Contaminated Soils.”
[§ 14-900 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 14-901.
FINDINGS. In adopting these regulations, the City Council finds:
A.
Federal and state law allows for disposal and remediation of certain contaminated
substances by aeration and bioremediation.
B.
All homes, schools, churches and businesses in the City of Columbus obtain drinking
water from on-site fresh water wells.
C.
Two of the watersheds covering the City are on the upstream side of the metropolitan
fresh water supply. Surface waters and groundwaters from these two watersheds flow to the
Mississippi River at points above the intakes for metropolitan fresh water supply systems.
D.
Prohibiting bioremediation in the City will not prevent petroleum contaminated soils
from being treated through bioremediation in other less environmentally sensitive areas of the
state. Additionally, thermal remediation of petroleum contaminated soils is readily available at a
number of metropolitan facilities.
E.
Soils, extensive wetlands, unique wildlife areas, water tables, ground water systems,
surface water drainage patterns, and proximity of fresh water wells to proposed aeration and
bioremediation sites make most of the City of Columbus unsuitable for aeration and
bioremediation techniques.
F.
Although the legislature has made seemingly favorable findings regarding
bioremediation of petroleum contaminated soils, no evidence has been provided to the City that
refutes the possibility of residual or long-term effects from bioremediation in environmentally
sensitive areas such as the City of Columbus. No evidence has been provided to the City that
refutes the possibility of residual or long-term effects from bioremediation in the property being
utilized for bioremediation or in adjacent lands.
G.
Until the City receives compelling evidence derived from competent, long-range
scientific studies that such techniques will have no adverse impacts on the city’s lands and
waters, aeration and bioremediation of petroleum contaminated soils should be prohibited in the
city.
[§ 14-901 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 14-902.
PURPOSE. This article regulates the depositing, distribution and placement of
hazardous substances and petroleum contaminated soils in the City of Columbus. These City
requirements are in addition to all applicable federal, state and county regulations.
[§ 14-902 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 14-903.
DEFINITIONS. All definitions shall be determined by reference to Minnesota
Statutes, Minnesota agency regulations adopted pursuant to statutes, to the meanings given in this
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City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
Section, to this City Code, and, otherwise, words and phrases shall have the meaning customarily
assigned to them as a matter of general usage.
A.
“Hazardous Substances” shall include within its definition those substances described
in City Code Section 8-503 and any other substances which are included in definitions contained
in federal or state law.
B.
“Petroleum Contaminated Soils” shall have the meaning given to it by state law.
C.
“Bioremediation” shall have the meaning given to it by state law.
[§ 14-903 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 14-904.
HAZARDOUS SUBSTANCES. Transportation of Hazardous Substances into
the City of Columbus for treatment or processing or storage is hereby prohibited. Treatment, processing,
or storage of Hazardous Substances generated or created within the City of Columbus shall be in
accordance with federal and state law.
[§ 14-904 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 14-905.
PETROLEUM CONTAMINATED SOILS. Transportation of Petroleum
Contaminated Soils into the City of Columbus for treatment, processing, bioremediation, or storage is
hereby prohibited. Aeration and bioremediation of petroleum contaminated soils within the City of
Columbus are hereby prohibited. All zones within the city, as defined in Chapter 7A, are within the
scope of these prohibitions.
[§ 14-905 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 14-906.
VIOLATIONS AND REMEDIES.
A.
Violation is a Misdemeanor. Any person who violates any provision of this chapter shall
be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine or
imprisonment in accordance with the provisions of Chapter 1, Section 1-109 of this City Code.
B.
Other Laws Not Infringed. The penalty provisions of Section 14-906 shall not be
deemed to supersede or infringe upon the authority of other governmental agencies to prosecute
for violations of federal or state laws.
C.
Civil Remedies for the City. In addition to civil remedies available to the City for
injunction or abatement, the City Council, after notice and hearing on a violation of this Chapter,
may elect to take a draft under any letter of credit posted for a Conditional Use Permit to abate
the violation
[§ 14-906 amended by Ord. No. 07-02, effective March 1, 2007.]
ARTICLE X
CLANDESTINE DRUG LAB AND CHEMICAL DUMP SITES
SECTION 14-1000. GENERAL PROVISIONS.
A.
Purpose and Intent. The purpose of this Ordinance is to reduce public exposure to health
risks where law enforcement officers have determined that hazardous chemicals from a suspected
clandestine drug lab site or associated dumpsite may exist. The City Council finds that such sites
may contain chemicals and residues that place people, particularly children or adults of child
bearing age, at risk when exposed through inhabiting or visiting the site, at the time the
hazardous substances are discovered by law enforcement officers and in the future.
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Based upon professional reports, assessments, testing, investigations and presentations, the City
Council finds that such hazardous chemicals can condense, penetrate, and contaminate the land,
surfaces, furnishings, buildings, and equipment in or near structures or other locations where
such sites exist. The City Council finds that these conditions present health and safety risks to
residents, occupants, and visitors through fire, explosion, skin and respiratory exposure and
related dangers. The City Council further finds that such sites present health and safety risks to
residences, buildings, and structures and to the general housing stock of the community.
B.
Interpretation and Application. In their interpretation and application, the provisions of
this Ordinance shall be construed to protect the public health, safety and welfare. Where
conditions imposed by any provision of this Ordinance are either more or less restrictive than
comparable provision imposed by any other law, ordinance, statute, or regulation of any kind, the
regulations which are more restrictive or which impose higher standards or requirements shall
prevail.
Should any court of competent jurisdiction declare any section or subpart of this Ordinance to be
invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof,
other than the provision declared invalid.
C.
Fees. Fees for the administration of this Ordinance may be established and amended
from time to time by further ordinance of the City Council.
D.
Definitions. For the purpose of this Ordinance, the following terms or words shall be
interpreted as follows:
(1)
“Child” shall mean any person less than 18 years of age;
(2)
“Chemical Dumpsite” shall mean any place or area where chemicals or other
Hazardous Waste materials used in a Clandestine Drug Lab have been located;
(3)
“Clandestine Drug Lab” shall mean the unlawful manufacture or attempt to
manufacture controlled substances;
(4)
“Clandestine Drug Lab Site” shall mean any place or area where law
enforcement has determined that conditions associated with the operations of a
Clandestine Drug Lab exist. A Clandestine Drug Lab Site may include motor vehicles
and trailers, dwellings, accessory buildings, accessory structures, commercial structures,
multi-family structures or any land;
(5)
“Controlled Substance” shall mean a drug, substance or immediate precursor in
Schedules I through V of Minn. Stat. Section 152.02. Controlled Substance shall not
include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco;
(6)
“Hazardous Waste” shall mean waste generated from a Clandestine Drug Lab;
(7)
“Manufacture” shall mean and include, in places other than a licensed pharmacy,
the production, cultivation quality control, and standardization, by mechanical, physical,
chemical or pharmaceutical means, packing, repacking, tableting, encapsulating,
labeling, relabeling, filling, or by other process, of controlled substances;
(8)
“Owner” shall mean any person, firm or corporation who owns, in whole or in
part, the land, buildings or structures in or on which there is found a Clandestine Drug
Lab. Owner shall not mean any person, firm, or corporation holding solely a security
interest in any such land, buildings, or structures.
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Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
(9)
“Public Health Nuisance” shall mean all dwellings, accessory structures and
buildings or adjacent property associated with a clandestine drug lab site are potentially
unsafe due to health hazards and are considered a public health nuisance.
[§ 14-1000 added by Ord. No. 08-07, effective September 4, 2008.]
SECTION 14-1001. ADMINISTRATION
A.
Notice to Authorities. Law enforcement officers and authorities that identify conditions
associated with a Clandestine Drug Lab Site or Chemical Dump Site that places neighbors,
visiting public, or present or future occupants of the dwelling, structure, or land at risk for
exposure to Hazardous Wastes must promptly notify the appropriate municipal, child protection,
and public health authorities of the location, Owner, and conditions found.
B.
Declaration of Property as Public Nuisance. All dwellings, accessory structures
,buildings and land associated with a Clandestine Drug Lab Site are potentially unsafe due to
health hazards. If law enforcement officers or authorities determined the positive existence of a
Clandestine Drug Lab Site or Chemical Dumpsite, the property shall be declared a Public Health
Nuisance.
Any and all Hazardous Wastes found at a Clandestine Drug Lab Site or Chemical
Dumpsite shall be treated, stored, transported or disposed of in a manner consistent with the rules
and regulations of the Minnesota Department of Health, Minnesota Pollution Control, and the
Anoka County Department of Health.
C.
Notice of Public Health Nuisance to Concerned Parties. Upon notification by law
enforcement officers or authorities, the City Building Official shall issue a Declaration of Public
Health Nuisance (the “Declaration”) for the affected property and post a copy of the Declaration
at the entrance to any dwelling, building, or structure on the property. The City Building Official
shall also notify the Owner of the Property by mailing a copy of the Declaration thereto, and
notify by mail the following persons:
(1)
Known occupants of the property;
(2)
Neighbors of the property at potential risk;
(3)
The Anoka County Sheriff’s Office;
(4)
Other state and local authorities, including the Minnesota Pollution Control
Agency and the Minnesota Department of Health, which are known to have public and
environmental protection responsibilities applicable to the situation at the property;
(5)
The Building Official may cause a certified copy of the Declaration to be filed of
record with the Office of the Anoka County Recorder or Registrar of Titles. Upon
abatement of the Public Nuisance as required herein, the Building Official shall cause a
notice of successful abatement or removal of the Declaration to be filed of record with
the Office of the Anoka County Recorder or Registrar of Titles.
D.
Order for Abatement. Within fifteen (15) days of the issuance of the Declaration, the
Building Official shall issue an order to the Owner to abate the Public Health Nuisance (the
“Order for Abatement”), to be sent by U.S. mail, including the following:
(1)
That the Owners, any tenant, occupant or other persons in possession of the
property shall immediately vacate those portions of the property, including building and
structure interiors or Chemical Dump Site, which may place such persons at risk. No
person shall occupy any premises or property subject to an order for abatement until such
time as the Building Official determines the property is safe for human occupancy.
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(2)
That the Owners, any tenant, occupant or other persons in possession of the
property shall promptly contract with appropriate environmental testing and cleaning
firms to conduct an on-site assessment, complete clean-up and remediation testing and
follow-up testing, to determine that the property risks are sufficiently reduced to allow
human occupancy of the property. The property owner shall notify the City of actions
taken and reach an agreement with the City on an abatement schedule. In determining
the abatement schedule, the City shall consider practical limitations and the availability
of contractors.
(3)
That the Owners, any tenant, occupant, or other persons in possession of the
property shall provide written documentation of the abatement process, including a
signed, written statement that the property is safe for human occupancy and that the
abatement was conducted in accordance with Minnesota Department of Health
guidelines.
E.
Costs of Abatement. The Owners shall be responsible for all costs of abatement and
clean-up of any Clandestine Drug Lab Site or Chemical Dumpsite, as well as any other affected
property, including contractor’s fees and Public Costs for services that were performed in
association with a Clandestine Drug Lab Site or Chemical Dump Site abatement. The Building
Official shall prepare and provide to the Owners a statement of itemized Public Costs which shall
be due and payable upon receipt. Public Costs may include, but are not limited to:
(1)
Posting of the Declaration;
(2)
Notification;
(3)
Expenses related to the recovery of costs, including the assessment process;
(4)
Laboratory fees;
(5)
Clean-up and abatement services, including septic systems;
(6)
Administrative fees;
(7)
Emergency response costs; and
(8)
Any legal costs or fees including attorneys’ fees, related to the nuisance
abatement.
F.
Recovery of Public Costs. The City Building Official is authorized to initiate on-site
assessment, abatement and necessary clean up at a property affected by a Clandestine Drug Lab
Site or Chemical Dump Site as follows:
(1)
If fifteen (15) days after notification of the Declaration and Order for Abatement,
the Owner has failed to arrange any abatement or clean-up of the Clandestine Drug Lab
Site or Chemical Dumpsite, or arrange an appropriate abatement schedule with the City;
(2)
If the City is unable to locate the Owner within fifteen (15) days of the
Declaration; or
(3)
Upon initiation of abatement pursuant to Minnesota Statutes Chapter 463.
If the City abates the Public Health Nuisance, or otherwise incurs Public Costs, the City shall be
entitled to recover all Public Costs in addition to any other legal remedy. The City may recover
the Public Costs by civil litigation against the Owners or by assessing the Public Costs as a
special tax against the property in the manner as taxes and special assessments are certified and
collected pursuant to Minnesota Statute section 429.101. Nothing herein shall limit the authority
of the City to enforce this Ordinance or seek any other legal remedy to abate the Public Health
Nuisance through declaratory action, injunction, nuisance declaration or otherwise.
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Anoka County, Minnesota
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G.
Authority to Modify or Remove Declaration. The City Building Official is authorized to
modify the Declaration conditions or remove the Declaration. Such modifications or removal of
the Declaration shall only occur after documentation from a qualified environmental or cleaning
firm stating that the health and safety risks, including those to neighbors and potential dwelling
occupants, are sufficiently abated or corrected to allow safe occupancy of the Clandestine Drug
Lab Site or Chemical Dumpsite.
[§ 14-1001 added by Ord. No. 08-07, effective September 4, 2008, amended by Ord. No. 09-04, effective March 19, 2009.]
SECTION 14-1002. APPEAL PROCEDURE. The Owner or any party with a legal interest in the
property affected by a Declaration, order for abatement, or a statement of Public Costs, may appeal the
Declaration, the order for abatement or the statement of Public Costs to the City Council. The appeal
shall be in writing filed with the City Clerk, specifying the grounds for the appeal and the relief
requested. The appeal must be filed within ten (10) days of the issuance of the item from which the
appeal is taken. The City Council shall hear the appeal at the next City Council meeting after the appeal
is filed. Upon review, the City Council may affirm, reverse, or modify the action taken. The filing of an
appeal shall suspend the terms of the Declaration, order for abatement or statement of Public Costs,
whichever is applicable. However, in the instance of an appeal from an order for abatement, the appeal
shall not suspend that part of the order prohibiting occupancy of the property affected by a Clandestine
Drug Lab Site or Chemical Dumpsite.
[§ 14-1002 added by Ord. No. 08-07, effective September 4, 2008.]
SECTION 14-1003. VIOLATIONS AND PENALTIES. Any person violating any provisions of
this Ordinance is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth
in Minn. Stat. Section 609.02, subd. 3.
[§ 14-1003 added by Ord. No. 08-07, effective September 4, 2008.]

CHAPTER 14, added to the Town Code by Ord. No. 82-2, effective June 11, 1982.
History of ordinances affecting the text of Chapter 14 (since adoption of Ord. No. 82-2):
Ord. No. 86-3, effective February 21, 1986.
Ord. No. 86-4, effective June 27, 1986.
Ord. No. 89-14, effective July 13, 1990.
Ord. No. 89-17, effective December 8, 1989.
Ord. No. 90-2, effective March 23, 1990.
Ord. No. 92-2, effective April 17, 1992.
Ord. No. 93-6, effective March 11, 1994.
Ord. No. 94-5, effective January 12, 1996.
Ord. No. 96-6, effective January 30, 1997.
Ord. No. 98-5, effective July 30, 1998.
Ord. No. 98-12, effective December 31, 1998.
Ord. No. 03-02; effective April 10, 2003.
Ord. No. 06-01; effective March 2, 2006.
Ord. No. 07-02, effective March 1, 2007.
Ord. No. 08-07, effective September 4, 2008.
Ord. No. 09-02, effective March 5, 2009.
Ord. No. 09-04, effective March 19, 2009.
Part of COL\CODE\CH14.COD
[Page printed 7/3/2014 10:58:00 AM]
PAGE 14-34
City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
Ord. No. 12-02, effective April 5, 2012.
Ord. No. 12-04, effective June 14, 2012.
Ord. No. 12-06, effective July 12, 2012.
Ord. No. 13-04, effective November 7, 2013.
This Chapter has been updated through the date of the latest ordinance listed above.
Part of COL\CODE\CH14.COD
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PAGE 14-35
City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
Appendix A: SAC Criteria for Commercial Properties From Metropolitan Council Environmental Services
Service Availability Charge Procedure Manual January 2005
FACILITY
Animal Clinic (humane societies, animal research, boarding, etc.)
Animal holding areas
Animal runs (kennels)
PARAMETER
SAC
17 fixture units
34 fixture units
1
1
Archery (6 feet/lane)
6 lanes
1
Arenas (bleachers 18 inches/person)
110 seats
1
Auditoriums (7 square feet/person)
Fast service (less than 4 hours/car)
Major service (more than 4 hours/car)
Car dealership (charges for office, retail, etc. are separate at
established rates)
Fast service (number of service bays x 30%)
Major service (number of service bays x 70% x 1)
employee/bay)
110 seats
2 service bays
14 employees
1
1
1
2 service bays
14 employees
1
1
825 square feet
590 square feet
1
1
Bank (exclude bank vault)
2,400 square feet
1
Banquet Room (15 square feet/person)
Food catered
Food catered with dishwashing
Food catered with liquor
Food catered with dishwashing and liquor
Food preparation and dishwashing
Food preparation with dishwashing and liquor
2,060 square feet
1,180 square feet
1,028 square feet
750 square feet
825 square feet
590 square feet
1
1
1
1
1
1
Barber
4 chairs
1
Batting Cages (6 feet/lane)
6 lanes
1
Beauty Salon
4 cutting stations
1
Bingo Hall (used only for bingo)
110 seats
1
Boarding House (dorm rooms)
5 beds
1
Body Shop (major service – more than 4 hours/car, no vehicle
washing)
14 employees
1
Bowling Alleys (does not include bar or dining area)
3 alleys
1
Camps (number of gallons x occupant or site)
Children’s camps (central toilet and bath; overnight, primitive
cabins; number of occupants x 50 gallons/occupant)
274 gallons
1
Ballroom (exclude dance floor)
Facility without liquor service
Facility with liquor service
Part of COL\CODE\CH14APPA.COD
[Page printed 7/3/2014 11:02:00 AM]
PAGE 1 of Appendix A to Chapter 14
City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
Appendix A: SAC Criteria for Commercial PropertiesFrom Metropolitan Council Environmental Services
Service Availability Charge Procedure Manual January 2005
FACILITY
Day camps (no means served; number of occupants x 10
gallons/occupant)
Labor/construction camps (number of occupancy x 50
gallons/occupant)
Resorts (housekeeping cabins; number of occupants x 60
gallons/occupancy)
Travel trailer parks
With water and sewer hookup (number of sites x 100
gallons/site)
With central toilet and showers (number of sites x 75
gallons/site)
Sanitary dump (sites without hookup; number of sites x 10
gallons/site)
PARAMETER
SAC
274 gallons
1
27o4 gallons
1
274 gallons
1
274 gallons
1
Car Wash
Contact MCES for Determination
Catering
Contact MCES for Determination
Churches (for sanctuary, nave, chancel; 7 square feet/person seating
area; remainder use other criteria; sacristy and ambulatory at no
charge)
275 seats
1
Cocktail Lounge (no food service
23 seats
1
Coffee Shop (no food service)
23 seats
1
Correction Facility (prison)
2.5 inmates
1
Court Rooms
1,650 square feet
1
Dorm Rooms (on and off campus; charge for classrooms is
additional)
5 students
1
Daycare
Number of children for which facility is licensed
Child/adult play area (not licensed)
14 children
490 square feet
1
1
Dry Cleaners (retail)
3,000 square feet
1
Elder Housing (at 100% of current SAC rate; see formula below to
determine the number of residents)
No washer/dryer in each unit
3 residents
Washer/dryer in each unit
2.5 residents
Three bedroom unit with washer/dryer (separate from formula below)
Calculate the number of residents as follows:
Number of efficiency units x 1.0 residents/unit
+Number of one-bedroom units x 1.5 residents/unit
+Number of two-bedroom units x 2.0 residents/unit
+Number of three-bedroom units x 3.0 residents/unit
Total number of residents for SAC calculation
Part of COL\CODE\CH14APPA.COD
1
1
[Page printed 7/3/2014 11:02:00 AM]
PAGE 2 of Appendix A to Chapter 14
City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
Appendix A: SAC Criteria for Commercial PropertiesFrom Metropolitan Council Environmental Services
Service Availability Charge Procedure Manual January 2005
FACILITY
Exercise Area/Gym (juice pars at no charge; sauna and whirlpool
included)
No showers
PARAMETER
SAC
700 square feet
1
2,060 square feet
1
Fire Station (charges for office, meeting rooms, etc., are separate
established rates)
Washing (hose tower, truck)
Full time, overnight people (75 gallons/person)
Volunteer (occasional overnight stays)
274 gallons
274 gallons
14 volunteers
1
1
1
Funeral Home (charge for viewing areas only: i.e. chapel)
Apartment
770 square feet
1 apartment
1
1
Game Room (billiards, video and pinball games)
With bar
Without bar
590 square feet
2,060 square feet
1
1
Golf Course (if facility has showers, use Locker Room criteria for
those areas)
18 hole
9 hole (par 3)
Miniature
Country Club (private)
Dining room (used only on evenings and weekends)
Bar and grill (with bar and grill separate)
Bar only
Grill
3
2
3
15 seats
1
23 seats
15 seats
1
1
Golf Dome or Driving Range
6 driving stations
1
Greenhouse
Area not open to the public
Area open to the public
General retail area
15,000 square feet
5,000 square feet
3,000 square feet
1
1
1
Group Home
Secondary treatment (residents leave during the day)
Primary treatment (residents stay all day)
5 beds
3 beds
1
1
Guest Rooms (in an apartment or condominium complex; charge
SAC as apartment)
Washer/dryer
No washer/dryer
No kitchen
100% of current SAC rate
Handball and Racquetball Courts
1 court
2
Hospitals (licensed beds or baby cribs)
Outpatient clinic
Sterilizers (r hours x gallons per minute x 60 minutes
X-ray film processors (9 hours continuous operation;
4 hours intermittent operation; operations time (hours)
1 bed
17 fixture units
274 gallons
274 gallons
1
1
1
50% of the current SAC rate
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[Page printed 7/3/2014 11:02:00 AM]
PAGE 3 of Appendix A to Chapter 14
City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
Appendix A: SAC Criteria for Commercial PropertiesFrom Metropolitan Council Environmental Services
Service Availability Charge Procedure Manual January 2005
FACILITY
x gallons per minute x 60 minutes)
Dental clinic vacuum device (9 hours x gallons per
minutes x 670 minutes)
Ice Arena
Showers (see Locker Rooms)
Team Rooms (plumbing fixture units
Bleachers
Ice resurfacers (if discharge goes to the sanitary sewer)
PARAMETER
SAC
274 gallons
17 fixture units
110 seats
1
1
Laundromat (required water volume for cycle time x 8 cycles/day)
274 gallons
1
Library (subtract book storage areas, file areas; charge for common
plumbing fixture units in public areas)
Meeting room, board rooms, reception, book checkout offices
17 fixtures units
1
2,400 square feet
1
Loading Dock
7,000 square feet
1
Locker Rooms (if showers – 20 gallons/locker)
14 lockers
1
Meeting Rooms (conference rooms)
1,650 square feet
1
Mini-storage (storage area – no charge)
Living area
Public restroom
17 fixture units
1
1
Medical Clinic (see Hospitals, Outpatient Clinic)
Mobile Home
1
Motels and Hotels (assume 2 persons/room; no charge for pools,
saunas, whirlpools, game rooms, or exercise rooms used exclusively
by guests)
Breakfast only (complimentary)
Cocktail hour (complimentary)
Kitchenettes (number of kitchenettes x 10 gallons/day)
45 seats
55 seats
274 gallons
1
1
1
Museum
2,400 square feet
1
Nursing Homes
3 beds
1
2,400 square feet
1
3 people
14 people
1
1
Office
General office (deduct mechanical rooms, elevator shafts,
stairwells, restroom and storage areas)
Dental and Doctor’s offices, see Hospital, Outpatient Clinic
Police Station (charge as Office)
Cells (overnight – jail)
Cells (holding area with no overnight stays
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PAGE 4 of Appendix A to Chapter 14
City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
Appendix A: SAC Criteria for Commercial PropertiesFrom Metropolitan Council Environmental Services
Service Availability Charge Procedure Manual January 2005
FACILITY
PARAMETER
SAC
Recording/Film Studios
7,000 square feet
1
Restaurant
Drive-in
Fast food (with disposable plates, drink cups, and table utensils)
Take-out (no seating)
Full service (with washable plates, drink cups, and table utensils)
9 parking spaces
22 seats
3,000 square feet
8 seats
1
1
1
1
Retail Stores (deduct mechanical rooms, elevator shafts, stairwells,
escalators, restrooms and unfinished storage areas)
3,000 square feet
1
Roller Rink (skating area only)
825 square feet
1
Rooming Houses (no food service)
7 beds
1
RV Dumping Station (not in association with camp grounds)
1
Schools
Elementary schools (15 gallons/student; 30 square feet/student)
Colleges/technical/vocational (30 square feet/student)
Lecture halls (15 square feet/student)
Labs (50 square feet/student)
Dorm rooms (on an doff campus students)
Nursery schools (number of children for which facility is licensed)
House of worship nurseries (used during worship service only;
30 square feet/child
Nursery (health clubs, bowling alleys, etc.)
Secondary schools (30 square feet/student, at 20 gallons/student)
Labs (50 square feet/student)
Weekly worship schools (i.e. not daily parochial schools;
30 square feet/student
18 students
18 students
18 students
18 students
5 students
14 students
55 children
1
1
1
1
1
1
1
2,400 square feet
14 students
14 students
55 students
1
1
1
1
3,000 square feet
2 bays
1
1
1
Shooting Ranges (rifle and handgun ranges, @ 6 feet per lane)
6 lanes
1
Swimming Pools (public, swimming pool area only; no charge for
private residential, townhouse, apartments, condominiums, hotels
or motels)
900 square feet
1
Tanning Rooms
3,000 square feet
1
Tennis Courts (public; shower facilities available)
1 court
2
64 seats
55 spaces
1
1
Service Station
Gas pumping
Convenience center
Service bays
Cars wash (see Car Wash)
Theatre
Drive-in (parking spaces)
Part of COL\CODE\CH14APPA.COD
[Page printed 7/3/2014 11:02:00 AM]
PAGE 5 of Appendix A to Chapter 14
City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
Appendix A: SAC Criteria for Commercial PropertiesFrom Metropolitan Council Environmental Services
Service Availability Charge Procedure Manual January 2005
FACILITY
Vehicle Garage
Employees stationed in garage
Vehicle drivers (per day)
Vehicle washing (number of vehicles per day x gallons per
minute x minutes/vehicles)
PARAMETER
SAC
14 employees
28 drivers
274 gallons
1
1
1
7,000 square feet
1
2,400 square feet
7,000 square feet
1
1
Whirlpools, therapy (at doctor’s office or clinic; number of gallons
to fill tank x 8 fills/day)
274 gallons
1
Yard Storage Buildings (i.e. lumber storage; customer pickup; no
permanent employees
15,000 square feet
1
Warehouses
Assembly areas
Office/warehouse
Minimum 30% office
Maximum 70% warehouse
Part of COL\CODE\CH14APPA.COD
[Page printed 7/3/2014 11:02:00 AM]
PAGE 6 of Appendix A to Chapter 14
City of Columbus
Anoka County, Minnesota
City Code, Chapter 14: PUBLIC HEALTH, WELLS, SEWERS, AND UTILITIES
Appendix A: SAC Criteria for Commercial PropertiesFrom Metropolitan Council Environmental Services
Service Availability Charge Procedure Manual January 2005
Plumbing Waste Fixture Units
Type of fixture
Fixture Unit Value (f.u.)
Note: 17 Fixture Units (f.u.) = 1 SAC
Drinking Fountain
1
Floor Drain
2” waste (only if hose bib included)
3” waste (only if hose bib included)
4” waste (only if hose bib included)
2
3
4
Trench drain: per 6-foot section
2
Sinks
Lab in exam room, bathroom
Kitchen and others
Surgeon
Janitor 4
1
2
3
Water Closet
6
Part of COL\CODE\CH14APPA.COD
[Page printed 7/3/2014 11:02:00 AM]
PAGE 7 of Appendix A to Chapter 14
City of Columbus
Anoka County, Minnesota
City Code, Chapter 15: PARK RULES AND REGULATIONS
CHAPTER 15
PARK RULES AND REGULATIONS
TABLE OF CONTENTS
CHAPTER 15
PARK RULES AND REGULATIONS ................................................ 15-1 TO 15-7
ARTICLE I
DEFINITIONS ...................................................................................................... 15-1
Section 15-100 Definitions. .............................................................................................................. 15-1
ARTICLE II
Section 15-200
Section 15-201
Section 15-202
ADMINISTRATION ............................................................................. 15-1 TO 15-3
Park Hours ............................................................................................................... 15-1
Group Activities ...................................................................................................... 15-1
Use of Parks While Closed ..................................................................................... 15-3
ARTICLE III
Section 15-300
Section 15-301
Section 15-302
Section 15-303
Section 15-304
Section 15-305
Section 15-306
Section 15-307
Section 15-308
Section 15-309
Section 15-310
Section 15-311
Section 15-312
Section 15-313
Section 15-314
Section 15-315
Section 15-316
Section 15-317
RULES AND REGULATIONS.............................................................. 15-3 T0 15-6
Motor Vehicles ........................................................................................................ 15-3
Fires. ........................................................................................................................ 15-3
Vandalism ............................................................................................................... 15-3
Advertisement. ........................................................................................................ 15-4
Refuse in City Parks and Waters ............................................................................. 15-4
Alcoholic and Intoxicating Beverages .................................................................... 15-4
Fireworks and Explosives ....................................................................................... 15-4
Fishing ..................................................................................................................... 15-4
Unauthorized Golfing Prohibited. ........................................................................... 15-4
Camping Prohibited................................................................................................. 15-5
Disturbing the Peace - Conduct............................................................................... 15-5
Glass in Parks .......................................................................................................... 15-5
Audio Devices ......................................................................................................... 15-5
Games ...................................................................................................................... 15-5
Cutting Holes in Ice................................................................................................. 15-5
No Hunting/No Firearms ......................................................................................... 15-5
Archery .................................................................................................................... 15-6
Equestrian Activities ............................................................................................... 15-6
ARTICLE IV
Section 15-400
Section 15-401
Section 15-402
ENFORCEMENT ................................................................................................. 15-6
Banishment .............................................................................................................. 15-6
Seizure of Property .................................................................................................. 15-6
Enforcement, Separability and Penalties. ............................................................... 15-6
City of Columbus
Anoka County, Minnesota
City Code, Chapter 15: PARK RULES AND REGULATIONS
CHAPTER 15
PARK RULES AND REGULATIONS
ARTICLE I
DEFINITIONS
SECTION 15-100.
DEFINITIONS. For the purpose of this Ordinance, the following definitions
shall apply:
A.
Parks, Open Space and Waterways - Any area located in the City which is reserved,
designated, or used for active or passive recreation, and which is owned, operated, or controlled
by the City.
B.
Person - Any person, firm, partnership, association, corporation, company or
organization of any kind.
C.
Motorized Vehicle - Any vehicle having a self-contained unit for propelling the vehicle
by means of converting stored energy. Motorized vehicles of any type, including but shall not be
limited to, automobiles, trucks, motor bikes, mini-bikes, snowmobiles, 2-wheeled, 3-wheeled, or
4-wheeled all-terrain vehicles, and battery-powered carts.
D.
Zoning Administrator - The Zoning Administrator of the City of Columbus or dulyauthorized representative.
[§ 15-100 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No .09-04, effective March 19, 2009, amended by Ord. No.
10-04, effective April 1, 2010.]
ARTICLE II
ADMINISTRATION
SECTION 15-200.
PARK HOURS. Parks open one-half hour before sunrise and close one-half
hour after sunset. No person shall remain in a park after the closing hour. The closing hour for activities
authorized as part of the City’s recreation program may be modified by the City. The City Council may
by resolution further limit the hours for the conduct of specific activities within parks.
[§ 15-200 amended by Ord. 05-03, effective December 1, 2005, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 0904, effective March 19, 2009, amended by Ord. No. 10-04, effective April 1, 2010.]
SECTION 15-201.
GROUP ACTIVITIES. Whenever any group, association, or organization
desires to reserve park facilities for a particular purpose, such as picnics, sporting activities, parties, or
theatrical or entertainment performance, the representative of said group, association or organization
shall first obtain a park facilities reservation and use permit from the Zoning Administrator or duly
authorized representative for such purposes. The Zoning Administrator shall grant the application if it
appears that the group, association, or organization will not interfere with the general use of the park or
individual members of the public, and if said group, association, or organization meets all conditions
contained in the application. The approval of the application may contain a requirement for an indemnity
bond to protect the City from any liability of any kind or character and to protect City property from
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[Page printed 7/3/2014 11:02:00 AM]
PAGE 15-1
City of Columbus
Anoka County, Minnesota
City Code, Chapter 15: PARK RULES AND REGULATIONS
damage. The Zoning Administrator shall require that group activities requiring extra police protection or
other special facilities or expense to the City shall be provided at the sole expense of the group,
association, or organization requesting a permit and may require that the indemnity bond cover such
services.
All groups are required to clean up the park and the facilities which they use and to leave the
park and the facilities in the same condition in which they found them, normal wear and tear accepted.
Any group failing to clean up after itself shall be placed on probationary status for a period of five years
following the date on which the group failed to clean up after itself. Probationary groups must pay a
clean-up security deposit in advance of the date of the activity in the park at the rate of $1.00 per person.
The clean-up security deposit check shall be returned to the group’s representative only after the park has
been favorably inspected by a City official. The costs of clean-up after an unfavorable inspection shall
be deducted from the deposit and the balance, if any, shall be refunded to the group.
The Zoning Administrator’s decision to grant or deny the application may be appealed to the City
Council. The Zoning Administrator may refer any application to the City Council for decision. The
Zoning Administrator may refer any application to the City Engineer or to the City Attorney for
professional assistance.
A.
Application. A person seeking issuance of such a permit shall file an application at the
office of the Zoning Administrator. The application shall state:
1.
Type of activity;
2.
The name and address of the applicant;
3.
The name and address of the person sponsoring the activity, if different from the
applicant;
4.
The day and hour for which the permit is desired;
5.
The park or portion thereof for which such permit is desired;
6.
An estimate of the anticipated attendance;
7.
Any other information which the City shall find reasonably necessary to a fair
determination as to whether a permit should be issued;
8.
Probationary groups shall submit a check at $1.00 per person for clean-up
security deposit; and
9.
Groups with anticipated attendance of 200 or more shall be strongly advised to
arrange for rental of additional self-contained toilet facilities. Probationary groups with
anticipated attendance of 200 or more shall be required to prepay to the Columbus
Treasurer for the rental of additional self-contained toilet facilities at the ratio of one
facility per fifty (50) persons.
B.
Standards for Issuance. The Zoning Administrator or City Council shall issue a permit
when the following findings have been made:
1.
That the proposed activity or use of the park will not unreasonably interfere with
or detract from the general public enjoyment of the park;
2.
That the proposed activity and use will not unreasonably interfere with or detract
from the promotion of public health, welfare, safety and recreation;
3.
That the proposed activity or use is not reasonably anticipated to incite violence,
crime or disorderly conduct;
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PAGE 15-2
City of Columbus
Anoka County, Minnesota
City Code, Chapter 15: PARK RULES AND REGULATIONS
4.
That the proposed activity will not involve unusual, extraordinary or burdensome
expense or police operation by the City; and
5.
That the facilities desired have not been reserved for other use.
[CHAPTER XV, ARTICLE 2, § 15-201, amended by Ord. No. 89-2, effective March 31, 1989, amended by Ord. No. 92-2, effective April 17,
1992, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 10-04, effective April 1, 2010.]
Town Clerk’s Note: The publication of Ord. No. 89-2 contained a typographical error which identified it as “Ord. No. 88-2.” /s/Barbara A.
Masteller]
SECTION 15-202.
USE OF PARKS WHILE CLOSED. A permit shall be obtained from the
Zoning Administrator before participating in park activity involving any private use of the park between
the hours of one-half hour after sunset to one-half hour before sunrise.
A.
Appeal. Within ten (10) days after receipt of any application, the Zoning Administrator
shall issue the permit or apprise an applicant in writing of the reasons for denial of the permit.
Any aggrieved person shall have the right to appeal to the City Council. Such appeal shall be in
writing and shall be filed at the office of the Zoning Administrator within ten (10) days after
receipt of the decision. The Town Manager shall place the appeal on the agenda for the next
regular City Council meeting at which time the applicant shall appear in support of his appeal.
The City Council may affirm, deny or alter the terms of the permit. The decision of the City
Council shall be final.
B.
Liability of Permittee. The permittee shall be liable for any loss, damage or injury
sustained by any person or whatever by reason of the negligence of the permittee or his or her
agents.
C.
Revocation. The City Council shall have the authority to revoke a permit upon a finding
of violation of any rules or Ordinances, or upon good cause shown.
[§ 15-202 amended by Ord. No. 92-2, effective April 17, 1992. amended by Ord. 05-03, effective December 1, 2005, amended by Ord. No. 0702, effective March 1, 2007.]
ARTICLE III
RULES AND REGULATIONS
SECTION 15-300.
MOTOR VEHICLES. No motorized vehicle or machines of any kind, except
those operated by and for the City may drive on or across any park, except as specifically authorized
pursuant to the City Code of Ordinances. Motor vehicles shall be parked in spaces designated only.
There shall be no parking or motor vehicles in a park or in a parking area in a park after the closing hour.
[§ 15-300 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 15-301.
FIRES. No fires shall be set in a park except in places or containers designated
for picnic purposes. No person shall leave a picnic fire before the fire has been completely extinguished.
No fires or smoking shall be allowed in designated nature areas.
SECTION 15-302.
VANDALISM. No person shall willfully mark, deface, disfigure, injure, tamper
with or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, paving or paving
material, water lines or other public utilities or parts of appurtenances thereof, signs, notices, or placards
Part of COL\CODE\CH15OD
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PAGE 15-3
City of Columbus
Anoka County, Minnesota
City Code, Chapter 15: PARK RULES AND REGULATIONS
whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other
structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
SECTION 15-303.
ADVERTISEMENT. No person shall paste, glue, tack, or otherwise post any
sign, placard, advertisement, or inscription whatsoever, nor shall any person erect or cause to be erected
any sign whatsoever on any park other than information signs as authorized by the City Council.
[§ 15-303 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 15-304.
REFUSE IN CITY PARKS AND WATERS. No person shall throw,
discharge, or otherwise place or cause to be placed in the water of any fountain, pond, lake, stream, bay
or other body of water in or adjacent to any park or in any tributary, stream, storm sewer or drain flowing
into such water, any substance, matter or any thing, liquid or solid; nor shall any person bring in or dump,
deposit, or leave any bottles, broken glass, ashes, paper boxes, cans, dirt, rubbish, waste, garbage, or
refuse or any other trash, in any park or portion thereof, or in any waters in or contiguous to any park.
All such refuse or trash shall be placed in the property receptacles; where proper receptacles are not
provided, all such refuse or trash shall be carried away from the park by the person responsible for its
presence and properly disposed of elsewhere. Pets shall be kept on a leash and under control at all times
in a city park. In addition, pets in a park are subject to the City’s animal control ordinance. Owners of
pets are required to remove and dispose of any fecal matter deposited by their pet(s) in a park.
[§ 15-304 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 15-305.
ALCOHOLIC AND INTOXICATING BEVERAGES. Alcoholic beverages,
intoxicating beverages, and nonintoxicating malt liquors, all as defined by Minnesota Law, are not
permitted for possession, consumption, or sale within a City Park unless a permit or license has been first
obtained.
[§ 15-305 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-02, effective March 5, 2009.]
SECTION 15-306.
FIREWORKS AND EXPLOSIVES. No person in a park shall bring or have in
his or her possession, or set off or otherwise cause to explode or discharge or burn, any firecrackers,
torpedo, rocket or other fireworks or explosives of inflammable material, or discharge them or throw
them into any area thereto; nor any substance, compound, mixture, or article that in conjunction with any
other substance or compound would be dangerous from any of the foregoing standpoints without special
permission from the City Council.
[§ 15-306 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 15-307.
FISHING. No person shall fish in a reckless or careless manner so as to create a
nuisance or to endanger the safety of said person, or other fishermen or open space users.
SECTION 15-308.
UNAUTHORIZED GOLFING PROHIBITED. No person shall play or
practice golf nor use golf equipment of any kind in a City park or open space except as a scheduled part
of a City recreation program.
[§ 15-308 amended by Ord. No. 07-02, effective March 1, 2007.]
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PAGE 15-4
City of Columbus
Anoka County, Minnesota
City Code, Chapter 15: PARK RULES AND REGULATIONS
SECTION 15-309.
CAMPING PROHIBITED. No person shall camp or set up tents, shacks,
trailers or any other temporary shelter for the purpose of camping in any City park or open space without
special permission from the City Council.
[§ 15-309 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 15-310.
DISTURBING THE PEACE - CONDUCT.
A.
No person or group of persons shall disturb the peace and good order in any park by
either work or act.
B.
No person or group of persons shall use threatening, abusive, insulting, obscene or
indecent language or commit, perform or engage in any lewd, lascivious, obscene or indecent act
in any park.
C.
No person or group of person shall engage in fighting, quarreling, wrangling, riotous
clamor, or tumult in any park.
D.
No person or group of people shall disturb, harass or interfere with any user of the user’s
property in the any park.[§ 15-310 D. amended by Ord. No. 10-04, effective April 1, 2010.]
SECTION 15-311.
allowed in parks.
GLASS IN PARKS.
Bottles or glass containers of any kind shall not be
SECTION 15-312.
AUDIO DEVICES. No person shall operate or play any musical instrument,
radio, television, record or tape player, loudspeaker, public address system or sound amplifying
equipment of any kind in any park in such a manner that the sound emanating therefrom is audible
beyond the immediate vicinity of the set or instrument, and subsequently interferes with the use of the
park by other users or disturbs the residents of adjacent property without special permission from the
City Council.
[§ 15-312 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 10-04, effective April 1, 2010.]
SECTION 15-313.
GAMES. No person shall engage in any potentially dangerous games involving
thrown or propelled objects, such as horseshoes, arrows, golf balls, model airplanes or similar objects
except in areas specifically designated for such usage.
SECTION 15-314.
CUTTING HOLES IN ICE. No person shall cut any hole in the ice of any
park waters larger than 12 inches in diameter, unless said hole shall be completely enclosed by an ice
fishing house or spear fishing house. If the house is moved, the hole shall be marked with a “danger”
marker.
SECTION 15-315.
NO HUNTING / NO FIREARMS. No hunting of any kind shall be allowed in
City Parks except by special ordinance enacted the City Council. No firearms shall be permitted in any
City Park. It shall be a misdemeanor for any person to possess, use, or discharge a firearm within any
City Park.
[§ 15-315 amended by Ord. No. 07-02, effective March 1, 2007.]
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 15: PARK RULES AND REGULATIONS
SECTION 15-316.
ARCHERY. Archery is prohibited in all City parks except in designated areas.
[§ 15-316 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 15-317.
EQUESTRIAN ACTIVITIES. Horseback riding and all other uses of horses
are prohibited in all City parks except in designated areas.
[CHAPTER XV, ARTICLE 3, Sections 15-316 and 15-317, added by Ord. No. 89-2, effective March 31, 1989, amended by Ord. No 07-02,
effective March 1, 2007].
Town Clerk’s Note: The publication of Ord. No. 89-2 contained a typographical error which identified it as “Ord. No. 88-2.”
/s/Barbara A.
Masteller]
ARTICLE IV
ENFORCEMENT
SECTION 15-400.
BANISHMENT. The City shall have the authority to remove, eject or banish
from the park any person acting in violation of this Ordinance.
[§ 15-400 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 15-401.
SEIZURE OF PROPERTY. The City shall have the authority to seize and
impound any property, thing or device in the park, used in violation of this Ordinance.
[§ 15-401 amended by Ord. NO. 07-02, effective March 1, 2007.]
SECTION 15-402.
ENFORCEMENT SEPARABILITY AND PENALTIES.
A.
The Columbus City Council shall issue all rules and regulations deemed necessary for
the operation of the parks in the City.
B.
The law enforcement authorities shall, in connection with their duties imposed by law,
diligently enforce the provisions of this Ordinance and eject from parks, persons acting in
violation of this Ordinance.
C.
Should any section, subdivision, clause or other provision of this Ordinance be declared
by a court of competent jurisdiction to be invalid, such decision shall not effect the validity of the
Ordinance as a whole or of any part thereof other than the part so declared to be invalid.
D.
Any person violating any provision of this Ordinance shall be guilty of a misdemeanor,
and upon conviction thereof, shall be punished by a fine or imprisonment in accordance with the
provisions of Chapter 1, Section 1-109 of this City Code. In no case shall this penalty provision
be interpreted to prohibit the City from seeking civil damages for damage or destruction to park
facilities.
[SECTION 15-402 amended by Ord. No. 92-2, effective April 17, 1992, amended by Ord. No. 07-02, effective March 1, 2007.]

CHAPTER 15, added to Town Code by Ord. No. 85-1, effective October 4, 1985. History of ordinances affecting
the text of Chapter 15 (since adoption of Ord. No. 85-1):
Ord. No. 89-2, effective March 31, 1989.
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PAGE 15-6
City of Columbus
Anoka County, Minnesota
City Code, Chapter 15: PARK RULES AND REGULATIONS
Ord. No. 92-2, effective April 17, 1992.
Ord. No. 05-03, effective December 1, 2005
Ord. No. 07-02, effective March 1, 2007.
Ord. No. 09-02, effective March 5, 2009.
Ord. No. 09-04, effective March 19, 2009.
Ord. No. 10-04, effective April 1, 2010.
This Chapter has been updated through the date of the latest ordinance listed above.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 16A: COLUMBUS HOUSING CODE
CHAPTER 16A
COLUMBUS HOUSING CODE
TABLE OF CONTENTS
CHAPTER 16A
COLUMBUS HOUSING CODE .............................................. 16A-1 TO 16A-6
ARTICLE I
Section 16A-100
Section 16A-101
Section 16A-102
Section 16A-103
TITLE, SCOPE, SEVERABILITY ............................................................ 16A-1
Title ............................................................................................................... .16A-1
Purpose ......................................................................................................... .16A-1
Application ................................................................................................... .16A-1
Severability Clause ....................................................................................... .16A-1
ARTICLE II
Section 16A-200
Section 16A-201
Section 16A-202
Section 16A-203
Section 16A-204
ENFORCEMENT ...................................................................... 16A-1 TO 16A-2
Authority ....................................................................................................... .16A-1
Right of Entry. .............................................................................................. .16A-2
Responsibilities Defined ............................................................................... .16A-2
Substandard Buildings .................................................................................. .16A-2
Violations...................................................................................................... .16A-2
ARTICLE III
Section 16A-300
Section 16A-301
Section 16A-302
PERMITS AND INSPECTIONS ............................................................... 16A-3
General .......................................................................................................... .16A-3
Fees ................................................................................................................ 16A-3
Inspection ....................................................................................................... 16A-3
ARTICLE IV
Section 16A-400
Section 16A-401
Section 16A-402
DEFINITIONS ........................................................................... 16A-3 TO 16A-4
Definitions .................................................................................................... .16A-3
Nuisance. ...................................................................................................... .16A-4
Structure........................................................................................................ .16A-4
ARTICLE V
Section 16A-500
UNIFORM HOUSING CODE 1998- SELECTED PROVISIONS ......... 16A-4
Adoption of Selected Provisions .................................................................. .16A-4
ARTICLE VI
Section 16A-600
Section 16A-601
Section 16A-602
NOTICES AND ORDERS OF BUILDING OFFICIAL .......................... 16A-5
Commencement of Proceedings ................................................................... .16A-5
Notice and Order .......................................................................................... .16A-5
Legal Action. ................................................................................................ .16A-5
City of Columbus
Anoka County, Minnesota
City Code, Chapter 16A: COLUMBUS HOUSING CODE
CHAPTER 16A
COLUMBUS HOUSING CODE
ARTICLE I
TITLE, SCOPE, SEVERABILITY
SECTION 16A-100.
as such.
TITLE. This Chapter shall be known as the Columbus Housing Code and may be cited
SECTION 16A-101. PURPOSE. The purpose of this Chapter is to provide minimum standards to safeguard
life or limb, health, property and public welfare by regulating and controlling the use and occupancy, location
and maintenance of all residential buildings and structures within this jurisdiction.
SECTION 16A-102. APPLICATION.
A.
The provisions of this Chapter shall apply to all structures, buildings, or portions thereof used, or
designed or intended to be used, for human habitation. Such occupancies in existing buildings may be
continued as provided in Section 104(c) of the Uniform Building Code (1985), except such structures as
are found to be substandard as defined in this Code.
Where any building or portion thereof is used or intended to be used as a combination apartment househotel, the provisions of this Code shall apply to the separate portions as if they were separate buildings.
Every rooming house or lodging house shall comply with all the requirements of this Code for dwellings.
B.
Alteration. Existing buildings which are altered or enlarged shall be made to conform to this
Code insofar as the new work is concerned and in accordance with Section 104(a) and (b) of the Uniform
Building Code (1985).
C.
Relocation. Buildings or structures moved into or within this jurisdiction shall comply with the
requirements in the Building Code for new buildings and structures.
(Supporting authority for Article I: Chapter 1 of Uniform Housing Code of 1988, International Conference of
Building Officials, Whittier, California (U.H.C.); Minn. Stat. Section 368.01 (1989).)
[CHAPTER 16A, ARTICLE I, § 16A-102, amended by Ord. No. 89-17, effective December 8, 1989.]
SECTION 16A-103. SEVERABILITY CLAUSE. Should any part of this Chapter be declared by any court
of competent jurisdiction to be unconstitutional or invalid, such decision shall not effect the validity of the
ordinance as a whole or any part thereof other than the part so declared invalid or unconstitutional.
ARTICLE II
ENFORCEMENT
SECTION 16A-200. AUTHORITY. The building official is hereby authorized and directed to enforce all of
the provisions of this Code. For such purposes, he shall have the powers of a law enforcement officer.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 16A: COLUMBUS HOUSING CODE
SECTION 16A-201. RIGHT OF ENTRY. Whenever necessary to make an inspection to enforce any of the
provisions of this Code, or whenever the building official or his authorized representative has reasonable cause to
believe that there exists in any building or upon any premises, any condition or Code violation which makes such
building or premises unsafe, dangerous or hazardous, the building official or his authorized representative may
enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon
the building official or this Code, provided that if such building or premises be occupied, he shall first present
proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a
reasonable effort to locate the owner or other persons having charge or control of the building or premises and
request entry. If such entry is refused, the building official or his authorized representative shall have recourse to
every remedy provided by law to secure entry.
When the building official or his authorized representative shall have first obtained a proper inspection
warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having
charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein
provided, to promptly permit entry therein by the building official or his authorized representative for the purpose
of inspection and examination pursuant to this Code.
SECTION 16A-202. RESPONSIBILITIES DEFINED.
A.
Every owner remains liable for violations of duties imposed upon him by this Code even though
an obligation is also imposed on the occupants of his building, and even though the owner has, by
agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this
Code.
B.
Every owner, or his agent, in addition to being responsible for maintaining his building in a
sound structural condition, shall be responsible for keeping that part of the building or premises which he
occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in a
building containing two or more dwelling units.
C.
Every owner shall, where required by this Code, or other applicable law, furnish and maintain
such approved sanitary facilities as required, and shall furnish and maintain such approved devices,
equipment or facilities for the prevention of insect and rodent infestation, and where infestation has taken
place, shall be responsible for the extermination of any insects, rodents or other pests when such
extermination is not specifically made the responsibility of the occupant by law or ruling.
D.
Every occupant of a dwelling unit, in addition to being responsible for keeping in a clean,
sanitary and safe condition that part of the dwelling unit or premises which he occupies and controls,
shall dispose of all his rubbish, garbage and other organic waste in a manner required by the City Code.
E.
Every occupant shall, where required by this Code or the City Code, furnish and maintain
approved devices, equipment or facilities necessary to keep his premises safe and sanitary.
[§ 16A-202 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 16A-203. SUBSTANDARD BUILDINGS.
All buildings or portions thereof which are
determined to be substandard as defined in this Code are hereby declared to be public nuisances and shall be
abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Chapter 16C
of the City Code.
[§ 16A-203 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 16A-204. VIOLATIONS. It shall be unlawful for any person, firm or corporation to erect,
construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 16A: COLUMBUS HOUSING CODE
building or structure or cause or permit the same to be done in violation of this code. Violations hereof may be
prosecuted as a misdemeanor in accordance with state law and in accordance with the provisions of Chapter 1,
Article I, Section 1-109 of the City Code.
(Supporting authority for Article II: Chapter 2 of Uniform Housing Code of 1988, International Conference of
Building Officials, Whittier, California (U.H.C.); Minn. Stat. Section 368.01 (1989).)
[§ 16A-204, amended by Ord. No. 89-17, effective December 8, 1989, amended by Ord. No. 07-02, effective March 1, 2007.]
ARTICLE III
PERMITS AND INSPECTIONS
SECTION 16A-300. GENERAL. It shall be unlawful for any person, firm or corporation to erect, construct,
enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure regulated by this
Code without first obtaining a separate permit for each building or structure from the building official in the
manner and according to the applicable conditions prescribed in Chapter 3 of the Uniform Building Code (1985).
[§ 16A-300, amended by Ord. No. 89-17, effective December 8, 1989.]
SECTION 16A-301. FEES. Whenever a building permit is required by Section 16A-300 of this Code, the
appropriate fees shall be paid to the building official as specified in Section 304 of the Uniform Building Code
(1985).
[§ 16A-301, amended by Ord. No. 89-17, effective December 8, 1989.]
SECTION 16A-302. INSPECTION. All buildings or structures within the scope of this Code and all
construction or work for which a permit is required shall be subject to inspection by the building official in
accordance with and in the manner provided by this Code and Sections 305 and 306 of the Uniform Building
Code (1985).
(See Chapter 3 of Uniform Housing Code of 1988, International Conference of Building Officials,
Whittier, California (U.H.C.); Minn. Stat. Section 368.01 (1989).)
[§ 16A-302, amended by Ord. No. 89-17, effective December 8, 1989.]
ARTICLE IV
DEFINITIONS
SECTION 16A-400. DEFINITIONS. For the purpose of this Code, certain terms, phrases, words and their
derivatives shall be construed as specified in either this Chapter or as specified in the Building Code. Where
terms are not defined, they shall have their ordinary accepted meanings within the context with which they are
used. Webster’s Third New International Dictionary of the English Language, Unabridged, copyright 1961, shall
be considered as providing ordinary accepted meanings. Words in the singular include the plural and the plural
the singular. Words used in the masculine gender include the feminine and the feminine the masculine.
“BUILDING CODE” is the Uniform Building Code (1985) promulgated by the International
Conference of Building Officials, as adopted in Chapter 13 of the City Code.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 16A: COLUMBUS HOUSING CODE
“EFFICIENCY DWELLING UNIT” is a dwelling unit containing only one habitable room and
meeting the requirements of Section 503(b) of the Uniform Building Code (1985), exception.
“HEALTH OFFICER” is the legally-designated head of the Department of Health of this jurisdiction.
“HOT WATER” is hot water supplied to plumbing fixtures at a temperature of not less than 110oF.
“MECHANICAL CODE” is Minn. Rules, Ch. 1346, as amended, promulgated jointly by the
International Conference of Building Officials and the International Association of Plumbing and Mechanical
Officials, as adopted by this jurisdiction.
[§ 16A-400, amended by Ord. No. 89-17, effective December 8, 1989. amended by Ord. No. 92-2, effective April 17, 1992, amended by Ord. No. 07-02,
effective March 1, 2007, amended by Ord. No. 09-02, effective March 5, 2009.]
SECTION 16A-401. NUISANCE. The following shall be defined as nuisances:
A.
Any public nuisance known at common law or in equity jurisprudence.
B.
Any attractive nuisance which may prove detrimental to children whether in a building, on the
premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements
or excavations; abandoned refrigerators or motor vehicles; or any structurally unsound fences or
structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive
minors.
C.
Whatever is dangerous to human life or is detrimental to health, as determined by the health
officer.
D.
Overcrowding a room with occupants.
E.
Insufficient ventilation or illumination.
F.
Inadequate or unsanitary sewage or plumbing facilities.
G.
Uncleanliness, as determined by the health officer.
H.
Whatever renders air, food or drink unwholesome or detrimental to the health of human beings,
as determined by the health officer.
SECTION 16A-402. STRUCTURE. In addition to other cited definitions, “structure” includes, but is not
limited to, the definition of structure as shown in Chapter 7A of the City Code.
(See Chapter 4 of Uniform Housing Code of 1988, International Conference of Building Officials,
Whittier, California (U.H.C.); Minn. Stat. Section 368.01 (1989).)
[§ 16A-402, amended by Ord. No. 89-17, effective December 8, 1989, amended by Ord. No. 07-02, effective March 1, 2007.]
ARTICLE V
UNIFORM HOUSING CODE (1988):
SELECTED PROVISIONS
SECTION 16A-500. ADOPTION OF SELECTED PROVISIONS. The following provisions are adopted
as part of the Columbus Housing Code and are incorporated herein by reference:
Chapter 5 (Space and Occupancy Standards),
Chapter 6 (Structural Requirements),
Chapter 7 (Mechanical Requirements),
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 16A: COLUMBUS HOUSING CODE
Chapter 8 (Exits),
Chapter 9 (Fire Protection), and
Chapter 10 (Substandard Buildings), of the Uniform Housing Code of 1988, International Conference of
Building Officials, Whittier, California.
Copies of the Uniform Housing Code (1988) are on file and may be examined in the office of the City Clerk.
[§ 16A-500, amended by Ord. No. 89-17, effective December 8, 1989, amended by Ord. No. 07-02, effective March 1, 2007.]
ARTICLE VI
NOTICES AND ORDERS OF BUILDING OFFICIAL
SECTION 16A-600. COMMENCEMENT OF PROCEEDINGS. Whenever the building official has
inspected or caused to be inspected any building and has found and, determined that such a building is a
substandard building, he shall commence proceedings to cause the repair, rehabilitation, vacation or demolition
of the building.
SECTION 16A-601. NOTICE AND ORDER. The building official shall issue a notice and order directed to
the record owner of the building. The notice and order shall contain:
A.
The street and address and a legal description sufficient for identification of the premises upon
which the building is located.
B.
A statement that the building official has found the building to be substandard with a brief and
concise description of the conditions found to render the building dangerous under the provisions of
Section 16A-203 of this Chapter.
C.
A statement of the action required to be taken as determined by the building official.
1.
If the building official has determined that the building or structure must be repaired, the
order shall require that all required permits be secured therefor and the work physically
commenced within such time (not to exceed sixty (60) days from the date of the order) and
completed within such time as the building official shall determine is reasonable under all of the
circumstances.
2.
If the building official has determined that the building or structure must be vacated, the
order shall require that the building or structure shall be vacated within a certain time from the
date of the order as determined by the building official to be reasonable.
3.
If the building official has determined that the building or structure must be demolished,
the order shall require that the building be vacated within such time as the building official shall
determine reasonable (not to exceed sixty (60) days from the date of the order); that all required
permits be secured therefor within sixty (60) days from the date of the order, and that the
demolition be completed within such time as the building official shall determine is reasonable.
D.
Statements advising that if any required repair or demolition work (without vacation also being
required) is not commenced within the time specified, the building official: (i) will order the building
vacated and posted to prevent further occupancy until the work is completed, and (ii) shall notify the City
Council of the owner’s failure to comply with the building official’s order.
[§ 16A-601 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 16A-602. LEGAL ACTION. Upon receipt of the notification of noncompliance with the building
official’s order(s), the City Council may direct:
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 16A: COLUMBUS HOUSING CODE
A.
That the offending property owner be prosecuted for the Code violations; or,
B.
That abatement proceedings be commenced pursuant to Chapter 16C of the Columbus City
Code; or,
C.
That civil proceedings be commenced to enjoin the offending conduct or offending use; or,
D.
That other remedies, as the law may provide, be employed to terminate the offending conduct or
offending use.
[§ 16A-602, amended by Ord. No. 89-17, effective December 8, 1989, amended by Ord. No. 94-3, effective September 9, 1994, amended by Ord. No. 0702, effective March 1, 2007.]

CHAPTER 16A, added by Ord. No. 86-4, effective June 27, 1986. History of ordinances affecting the text of Chapter 16A
(since adoption of Ord. No. 86-4):
Ord. No. 89-17, effective December 8, 1989.
Ord. No. 92-2, effective April 17, 1992.
Ord. No. 94-3, effective September 9, 1994.
Ord. No. 07-02, effective March 1, 2007.
Ord. No. 09-02, effective March 5, 2009.
This Chapter has been updated through the date of the latest ordinance listed above.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 16B: DANGEROUS BUILDINGS CODE
CHAPTER 16B
DANGEROUS BUILDINGS CODE
TABLE OF CONTENTS
CHAPTER 16B
DANGEROUS BUILDINGS CODE ........................................ 16B-1 TO 16B-5
ARTICLE I
Section 16B-100
Section 16B-101
Section 16B-102
Section 16B-103
TITLE, SCOPE, SEVERABILITY ............................................................ 16B-1
Title ............................................................................................................... .16B-1
Purpose ......................................................................................................... .16B-1
Application ................................................................................................... .16B-1
Severability Clause ....................................................................................... .16B-1
ARTICLE II
Section 16B-200
Section 16B-201
Section 16B-202
Section 16B-203
Section 16B-204
Section 16B-205
ENFORCEMENT ...................................................................... 16B-1 TO 16B-2
Administration. ............................................................................................. .16B-1
Inspections .................................................................................................... .16B-1
Right of Entry. .............................................................................................. .16B-2
Abatement of Dangerous Buildings.............................................................. .16B-2
Violations...................................................................................................... .16B-2
Inspection of Work. ...................................................................................... .16B-2
ARTICLE III
Section 16B-300
Section 16B-301
DEFINITIONS -- SELECTED PROVISIONS OF UNIFORM
CODE FOR ABATEMENT OF DANGEROUS BUILDINGS ............... 16B-3
Adoption of Selected Provisions .................................................................. .16B-3
Structure Defined .......................................................................................... .16B-3
ARTICLE IV
Section 16B-400
Section 16B-401
Section 16B-402
Section 16B-403
NOTICE AND ORDER OF BUILDING OFFICIAL ............ 16B-3 TO 16B-4
Commencement of Proceedings ................................................................... .16B-3
Notice and Order. ......................................................................................... .16B-3
Legal Action. ................................................................................................ .16B-4
Abatement Costs Charged as Special Assessments. ..................................... .16B-4
City of Columbus
Anoka County, Minnesota
City Code, Chapter 16B: DANGEROUS BUILDINGS CODE
CHAPTER 16B
DANGEROUS BUILDINGS CODE
ARTICLE I
TITLE, SCOPE, SEVERABILITY
SECTION 16B-100. TITLE. This Chapter shall be known as the Columbus Dangerous Buildings
Code and may be cited as such.
SECTION 16B-101. PURPOSE. It is the purpose of this Code to provide a just, equitable and
practicable method, to be cumulative with and in addition to, any other remedy provided by the Building
Code, Housing Code or otherwise available at law, whereby buildings or structures which from any cause
endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants
may be repaired, vacated, removed, or demolished.
SECTION 16B-102. APPLICATION. The provisions of this Code shall apply to all dangerous
buildings or structures, as herein defined, which are now in existence or which may hereafter become
dangerous in this jurisdiction. Under this Chapter of the City Code, there are no lawful nonconforming
uses or nonconforming structures (as defined in Article IV of the Zoning Ordinance, Chapter 7A of the
City Code). That is, a dangerous building, a dangerous structure, or a dangerous use cannot be classified
as a lawful nonconformity as of the effective date of this Chapter of the City Code.
[§ 16B-102 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 16B-103. SEVERABILITY CLAUSE. Should any part of this Chapter be declared by
any Court of competent jurisdiction to be unconstitutional or invalid, such decision shall not effect the
validity of the ordinance as a whole or any part thereof, other than the part so declared invalid or
unconstitutional.
(Supporting authority for Article I: Minn. Stat. § 368.01 (1989); Chapter 1 of Uniform Code for
Abatement of Dangerous Buildings of 1988, International Conference of Building Officials, Whittier,
California (hereinafter sometimes referred to as “U.C.A.D.B.”.)
[§ 16B-103, amended by Ord. No. 89-17, effective December 8, 1989.]
ARTICLE II
ENFORCEMENT
SECTION 16B-200. ADMINISTRATION. The building official is hereby authorized to enforce the
provisions of this Code.
SECTION 16B-201. INSPECTIONS. The health officer, the fire marshal and the building official
are hereby authorized to make such inspections and take such actions as may be required to enforce the
provisions of this Code.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 16B: DANGEROUS BUILDINGS CODE
SECTION 16B-202. RIGHT OF ENTRY. Whenever necessary to make an inspection to enforce
any of the provisions of this Code, or whenever the building official or his authorized representative has
reasonable cause to believe that there exists in any building or upon any premises any condition or Code
violation which makes such building or premises unsafe, dangerous or hazardous, the building official or
his authorized representative may enter such building or premises at all reasonable times to inspect the
same or to perform any duty imposed upon the building official by this Code, provided that if such
building or premises be occupied, he shall first present proper credentials and request entry; and if such
building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other
persons having charge or control of the building or premises and request entry. If such entry is refused,
the building official or his authorized representative shall have recourse to every remedy provided by law
to secure entry.
When the building official or his authorized representative shall have first obtained a proper
inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other
persons having charge, care or control of any building or premises shall fail or neglect, after proper
request is made as herein provided, to promptly permit entry therein by the building official or his
authorized representative for the purpose of inspection and examination pursuant to this Code.
“Authorized representative” shall include the officers named in Section 16B-201 and their
authorized inspection personnel.
SECTION 16B-203. ABATEMENT OF DANGEROUS BUILDINGS. All buildings or portions
thereof which are determined after inspection by the building official to be dangerous as defined in this
code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition
or removal in accordance with the procedure specified in Chapter 16C of the City Code and in Minn.
Stat. § 463.15 through § 463.26, as amended.
[§ 16B-203, amended by Ord. No. 89-17, effective December 8, 1989, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord.
No. 09-02, effective March 5, 2009.]
SECTION 16B-204. VIOLATIONS. It shall be unlawful for any person, firm or corporation to erect,
construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or
maintain any building or structure or cause or permit the same to be done in violation of this Code.
Violations hereof may be prosecuted as a misdemeanor in accordance with state law and in accordance
with the provisions of Chapter 1, Article I, Section 1-109 of the City Code.
[§ 16B-204 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 16B-205. INSPECTION OF WORK. All buildings or structures within the scope of this
Code and all construction or work for which a permit is required shall be subject to inspection by the
building official in accordance with and in the manner provided by this Code and Sections 305 and 306
of the Building Code.
(Supporting authority for Article II: Minn. Stat. § 368.01 (1989); Chapter 2 of Uniform Code for
Abatement of Dangerous Buildings of 1988, International Conference of Building Officials, Whittier,
California (U.C.A.D.B.)
[§ 16B-205, amended by Ord. No. 89-17, effective December 8, 1989.]
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 16B: DANGEROUS BUILDINGS CODE
ARTICLE III
DEFINITIONS:
SELECTED PROVISIONS OF UNIFORM CODE FOR ABATEMENT OF DANGEROUS
BUILDINGS
SECTION 16B-300. ADOPTION OF SELECTED PROVISIONS. Chapter 3 (Definitions) of the
Uniform Code for Abatement of Dangerous Buildings of 1988, International Conference of Building
Officials, Whittier, California, is herein adopted as part of the Columbus Dangerous Buildings Code and
is incorporated herein by reference. Three copies of the Uniform Code for Abatement of Dangerous
Buildings are available for inspection and copying at the office of the City Clerk.
[§ 16B-300, amended by Ord. No. 89-17, effective December 8, 1989, amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 16B-301. STRUCTURE DEFINED. In addition to other cited definitions and in addition
to definitions incorporated in § 16B-300 above, “structure” includes, but is not limited to, the definition
of structure as shown in Chapter 7A of the City Code.
[§16B-301 amended by Ord. No. 07-02, effective March 1, 2007.]
ARTICLE IV
NOTICE AND ORDER OF BUILDING OFFICIAL
SECTION 16B-400. COMMENCEMENT OF PROCEEDINGS. Whenever the building official
has inspected or caused to be inspected any building and has found and determined that such building is a
dangerous building, he shall commence proceedings to cause the repair, vacation or demolition of the
building.
SECTION 16B-401. NOTICE AND ORDER. The building official shall issue a notice and order
directed to the record owner of the building. The notice and order shall contain:
A.
The street address and a legal description sufficient for identification of the premises
upon which the building is located.
B.
A statement that the building official has found the building to be dangerous with a brief
and concise description of the conditions found to render the building dangerous under the
provisions of Section 302 of Uniform Code for Abatement of Dangerous Buildings of 1988,
International Conference of Building Officials, Whittier, California (U.C.A.D.B.).
C.
A statement of the action required to be taken as determined by the building official.
1.
If the building official has determined that the building or structure must be
repaired, the order shall require that all required permits be secured therefor and the
work physically commenced within such time (not to exceed sixty (60) days from the
date of the order) and completed within such time as the building official shall determine
is reasonable under all of the circumstances.
2.
If the building official has determined that the building or structure must be
vacated, the order shall require that the building or structure shall be vacated within a
time certain from the date of the order as determined by the building official to be
reasonable.
3.
If the building official has determined that the building or structure must be
removed or demolished, the order shall require that the building be vacated within such
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 16B: DANGEROUS BUILDINGS CODE
time as the building official shall determine is reasonable (not to exceed sixty (60) days
from the date of the order); that all required permits be secured therefor within sixty (60)
days from the date of the order, and that the demolition or removal be completed within
such time as the building shall determine is reasonable.
D.
Statements advising that if any required repair or demolition work (without vacation also
being required) is not commenced with the time specified, the building official: (i) will order the
building vacated and posted to prevent further occupancy until the work is completed, and (ii)
shall notify the City Council of the owner’s failure to comply with the building official’s order.
[§ 16B-401, amended by Ord. No. 89-17, effective December 8, 1989, amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 16B-402. LEGAL ACTION. Upon receipt of the notification of noncompliance with the
building official’s order(s), the City Council may direct:
A.
That the offending property owner be prosecuted for the particular Code violations; or,
B.
That abatement proceedings be commenced pursuant to Minn. Stat. § 463.15 through
§ 463.26, as amended;
C.
That civil proceedings be commenced to enjoin the offending conduct or offending use;
or,
D.
That other remedies, as the law may provide, be employed to terminate the offending
conduct or offending use.
(See Chapter 4, Uniform Code for Abatement of Dangerous Buildings of 1988, International
Conference of Building Officials, Whittier, California; Minn. Stat. § 368.01 (1989).)
[§ 16B-402, amended by Ord. No. 89-17, effective December 8, 1989. amended by Ord. No. 94-3, effective September 9, 1994, amended by
Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-02, effective March 5, 2009.]
SECTION 16B-403. ABATEMENT COSTS CHARGED AS SPECIAL ASSESSMENTS. All of
the City’s costs incurred in any abatement proceeding conducted pursuant to § 16B-402B, shall be
charged to and collected from the property owner. Upon determination of the city’s final costs for such
abatement, the property owner shall be billed for such costs. The bill shall be sent by U.S. Mail to the
property owner’s address as shown on the property tax records of the Anoka County Auditor. If the
property owner has not paid the full bill within 30 days of the mailing of the bill, the City Council may
assess the real property pursuant to the procedures and provisions of Minn. Stat. Chapter 429. The costs
of such special assessment proceedings shall be added to the abatements costs to be collected. {See
Minn. Stat. §§ 429.021, Subd. 1(8) and 429.101, Subd. 1(c) (1994)}.
[§ 16B-403, added by Ord. No. 94-3, effective September 9, 1994, amended by Ord. No. 07-02, effective March 1, 2007.]

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City of Columbus
Anoka County, Minnesota
City Code, Chapter 16B: DANGEROUS BUILDINGS CODE
CHAPTER 16B, added to the Town Code by Ord. No. 86-4, effective June 27, 1986. History of ordinances affecting
the text of Chapter 16B (since adoption of Ord. No. 86-4):
Ord. No. 89-17, effective December 8, 1989.
Ord. No. 94-3, effective September 9, 1994.
Ord. No. 07-02, effective March 1, 2007.
Ord. No. 09-02, effective March 5, 2009.
This Chapter has been updated through the date of the latest ordinance listed above.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 16C: VIOLATIONS ABATEMENT CODE
CHAPTER 16C
VIOLATIONS ABATEMENT CODE
TABLE OF CONTENTS
CHAPTER 16C
VIOLATIONS ABATEMENT CODE..................................... 16C-1 TO 16C-3
ARTICLE I
Section 16C-100
Section 16C-101
Section 16C-102
Section 16C-103
TITLE, SCOPE, SEVERABILITY ............................................................ 16C-1
Title ............................................................................................................... .16C-1
Purpose ......................................................................................................... .16C-1
Application ................................................................................................... .16C-1
Severability Clause ....................................................................................... .16C-1
ARTICLE II
Section 16C-200
Section 16C-201
Section 16C-202
Section 16C-203
Section 16C-204
ABATEMENT PROCEEDINGS ............................................. 16C-1 TO 16C-2
Uniform Proceedings .................................................................................... .16C-1
State Law Authority for Civil Abatements. .................................................. .16C-2
Commencement of Proceedings ................................................................... .16C-2
Abatement Order .......................................................................................... .16C-2
Abatement Costs Charged as Special Assessments ....................................... 16C-3
City of Columbus
Anoka County, Minnesota
City Code, Chapter 16C: VIOLATIONS ABATEMENT CODE
CHAPTER 16C
VIOLATIONS ABATEMENT CODE
ARTICLE I
TITLE, SCOPE, SEVERABILITY
SECTION 16C-100. TITLE. This Chapter shall be known as the Columbus Violations Abatement
Code and may be cited as such.
SECTION 16C-101. PURPOSE. It is the purpose of this code to provide a just, equitable and
practicable abatement method, to be cumulative with and in addition to any other remedy provided by the
City Code or otherwise available at law, whereby public safety nuisances, public health nuisances,
substandard housing, hazardous structures, or any other thing which may endanger life, limb, health,
morals, property, safety or welfare of the public or of private occupants may be required to be repaired,
vacated, removed, demolished, corrected, or abated.
[§ 16C-101, amended by Ord. No. 94-3, effective September 9, 1994, amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 16C-102. APPLICATION. This Chapter shall apply to the abatement of any of the
following:
A.
Nuisances affecting public health, safety, or general welfare as defined in § 5-100 and §
300 of Chapter 5 of the City Code and as referenced in Minn. Chapter 429, as amended;
B.
Violations of the Minnesota Uniform Fire Code, Chapter 11, of the City Code;
C.
Violations of the Life Safety Code, Chapter 12, of the City Code;
D.
Violations of the Public Health Ordinance, Chapter 14, of the City Code; or,
E.
Unsafe, unhealthy, or substandard housing as defined in the Columbus Housing Code,
Chapter 16A, of the City Code.
[§ 16C-102, amended by Ord. No. 89-17, effective December 8, 1989, amended by Ord. No. 94-3, effective September 9, 1994, amended by
Ord. NO. 07-02, effective March 1, 2007, amended by Ord. No. 09-02, effective March 5, 2009.]
SECTION 16C-103. SEVERABILITY CLAUSE. Should any part of this chapter be declared by
any Court of competent jurisdiction to be unconstitutional or invalid, such decision shall not effect the
validity of the ordinance as a whole or any part thereof other than the part so declared invalid or
unconstitutional.
ARTICLE II
ABATEMENT PROCEEDINGS
SECTION 16C-200. UNIFORM PROCEEDINGS. All abatement proceedings for any of the code
violations listed at § 16C-102 above shall be conducted according to this Article.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 16C: VIOLATIONS ABATEMENT CODE
SECTION 16C-201. STATE LAW AUTHORITY FOR CIVIL ABATEMENTS. Pursuant to the
abatement powers granted to cities pursuant to Minn. Stat. § 429.021, as amended, and pursuant to the
general powers granted by Minn. Stat. § 368.01 (1994) for the City Council to provide for the protection
of public and private property and for the promotion of health, safety, order, convenience and general
welfare, the abatement procedures in this Article shall apply to the abatement of the code violations listed
at § 16C-102. Copies of these statutes are on file and may be inspected at the office of the City Clerk.
[§ 16C-201, amended by Ord. No. 89-17, effective December 8, 1989, amended by Ord. No. 94-3, effective September 9, 1994, amended by
Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-02, effective March 5, 2009.]
SECTION 16C-202. COMMENCEMENT OF PROCEEDINGS.
A.
Violations Under Chapter 16A. The procedures contained in City Code Sections 16A600 and 16A-601 shall be followed for violations arising under Chapter 16A.
B.
Violations Under Section 16C-102, A., B., C., and D. For violations arising under
Section 16C-102, A, B, C, or D., the following procedures shall be followed. Upon inspection
and determination by the zoning administrator, City Administrator, public health official, fire
department official, building official, or any combination of these officials that a violation exists,
the appropriate official shall issue a notice and order directed to the record owner of the property.
The notice and order shall contain:
1.
The street and address and a legal description sufficient for identification of the
premises upon which the violation is located.
2.
A statement that the official has found the property to be in violation of the City
Code or county or state law, with a brief and concise description of the conditions found
to render the property in violation.
3.
A statement of the corrective action required to be taken by the property as
determined by the City official.
4.
Statements advising that if any required corrective work is not commenced and
completed within the time specified, the City official will notify the City Council of the
property owner’s failure to comply with the official’s order.
[§ 16C-202, added by Ord. No. 94-3, effective September 9, 1994, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No.
09-04, effective March 19, 2009.]
SECTION 16C-203. ABATEMENT ORDER. Upon receipt of a report from a City official that a
property owner has not complied with an order to perform corrective work, the City Council may issue
an abatement order to the property owner. Prior to issuance of an abatement order, the City Council shall
conduct a public hearing to receive all evidence from City officials and from the property owner relevant
to the City Council’s decision to issue an abatement order. Adequate advance notice of the hearing shall
be provided to the record property owner and to the occupants of the real property. Notice of the public
hearing shall inform the recipient of the time, date, and place of the hearing, and shall contain a brief
description of the nature of the code violation, the requirement that the property owner correct the code
violation, and the admonition that failure to correct the violation may result in the City performing the
corrective work and assessing the costs therefor against the real property. The property owner shall be
granted all of procedures of Chapter 10 of this City Code. An abatement order issued by the City
Council following a public hearing shall contain:
A.
A deadline by which the property owner must complete corrective work;
B.
A specific description of the corrective work;
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 16C: VIOLATIONS ABATEMENT CODE
C.
An admonition that failure to perform the corrective work by the stated deadline will
result in the City performing the corrective work and charging the costs therefor against the
owner of the real property; and,
D.
An admonition that failure to pay the charged costs will result in the those costs being
assessed against the real property.
[§ 16C-203, added by Ord. No. 94-3, effective September 9, 1994, amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 16C-204. ABATEMENT COSTS CHARGED AS SPECIAL ASSESSMENTS. All of
the City’s costs incurred in any abatement proceeding conducted pursuant to § 16C-203 shall be charged
to and collected from the property owner. Upon determination of the City’s final costs for such
abatement, the property owner shall be billed for such costs. The bill shall be sent by U.S. Mail to the
property owner’s address as shown on the property tax records of the Anoka County Auditor. If the
property owner has not paid the full bill within 30 days of the mailing of the bill, the City Council may
assess the real property pursuant to the procedures and provisions of Minn. Stat. Chapter 429. The costs
of such special assessment proceedings shall be added to the abatements costs to be collected. {See
Minn. Stat. §§ 429.021, Subd. 1(8) and 429.101, Subd. 1(c) (1994)}.
[§ 16C-204, added by Ord. No. 94-3, effective September 9, 1994, amended by Ord. No. 07-02, effective March 1, 2007.]

CHAPTER 16C, added to the Town Code by Ord. No. 86-4, effective June 27, 1986. History of ordinances affecting
the text of Chapter 16C (since adoption of Ord. No. 86-4):
Ord. No. 89-17, effective December 8, 1989.
Ord. No. 94-3, effective September 9, 1994
Ord. No. 07-02, effective March 1, 2007.
Ord. No. 09-02, effective March 5, 2009.
Ord. No. 09-04, effective March 19, 2009.
This Chapter has been updated through the date of the latest ordinance listed above.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 17: RESERVED FOR FUTURE USE
Chapter 17 added to the Town Code by Ord. No. 88-5, effective November 4, 1988.
History of ordinances affecting the text of Chapter 17 (since adoption of Ord. No. 88-5):
Ord. No. 92-2, effective April 17, 1992.
Chapter 17 deleted from the Town Code by Ord. No. 00-10, effective August 31, 2000.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 18: REGULATION OF UTILITIES
CHAPTER 18
REGULATION OF UTILITIES
TABLE OF CONTENTS
CHAPTER 18
REGULATION OF UTILITIES .................................................. 18-1 TO 18-19
ARTICLE I
Section 18-101
Section 18-102
FINDINGS AND PURPOSE. ......................................................... 18-1 TO 18-2
Findings ............................................................................................................ 18-1
Purpose. ............................................................................................................ 18-2
ARTICLE II
Section 18-200
Section 18-201
DEFINITIONS. ............................................................................................... 18-2
Application and Interpretation .......................................................................... 18-2
Words and Phrases Defined. ............................................................................. 18-2
ARTICLE III
Section 18-301
Section 18-302
Section 18-303
Section 18-304
Section 18-305
Section 18-306
Section 18-307
Section 18-308
Section 18-309
Section 18-310
CONSTRUCTION OF FACILITIES. ........................................... 18-3 TO 18-7
All Utilities Subject to this Chapter. ................................................................ 18-3
Utility Construction in Road Cross-Section ..................................................... 18-3
Construction Permits ........................................................................................ 18-4
Crossing Charged Pipelines .............................................................................. 18-5
Restriction on Multiple Gas Lines. ................................................................... 18-5
Restoration Work .............................................................................................. 18-5
Relocation of Utilities....................................................................................... 18-5
Relocation When Public Ground Vacated. ....................................................... 18-6
Street Improvements, Paving or Resurfacing ................................................... 18-6
Location of Above-Ground Facilities. .............................................................. 18-7
ARTICLE IV
GENERAL CONDITIONS APPLICABLE TO ALL SERVICE
AREA LICENSES FOR NATURAL GAS UTILITIES. .............. 18-7 TO 18-9
Indemnification ................................................................................................. 18-7
Adequate Supply............................................................................................... 18-8
Public Safety ..................................................................................................... 18-8
Assignment of Service Area Licenses .............................................................. 18-8
Licensee’s Annual Report ................................................................................ 18-8
Nonexclusive Service Areas ............................................................................. 18-8
Review or Revocation of a Service Area License ............................................ 18-8
Application for Service Area License. ............................................................. 18-9
Expansion of Service Areas .............................................................................. 18-9
Initial Service Area License Fees. .................................................................... 18-9
Open Areas Not Described Within Any Licensed Service Area ...................... 18-9
Section 18-401
Section 18-402
Section 18-403
Section 18-404
Section 18-405
Section 18-406
Section 18-407
Section 18-408
Section 18-409
Section 18-410
Section 18-411
City of Columbus
Anoka County, Minnesota
City Code, Chapter 18: REGULATION OF UTILITIES
ARTICLE V
Section 18-500
Section 18-510
Section 18-520
Section 18-521
CONDITIONAL NONEXCLUSIVE LICENSES FOR SERVICE
AREAS FOR GAS UTILITIES .................................................. 18-10 TO 18-17
Service Area Licenses. ................................................................................... 18-10
Centerpoint Energy Gas Franchise Ordinance 09-07 ..................................... 18-10
Conditional Service Area License For Northern States Power Company ...... 18-15
Conditional Service Area License For Northern States Power Company ..... 18-17
ARTICLE VI
Section 18-601
Section 18-602
Section 18-603
MISCELLANEOUS PROVISIONS .......................................................... .18-18
Change in Form of Government .................................................................... .18-18
Severability .................................................................................................... .18-18
Penalty ........................................................................................................... .18-18
City of Columbus
Anoka County, Minnesota
City Code, Chapter 18: REGULATION OF UTILITIES
CHAPTER 18
REGULATION OF UTILITIES
ARTICLE I
FINDINGS AND PURPOSE
SECTION 18-101.
FINDINGS. After notice and public hearings before the Columbus City
Council, the City Council makes the following findings:
A.
Development in the City of Columbus has progressed to the stage where the construction
and location of the various utilities, Pipelines and wiring systems within public rights-of-way
needs to be regulated.
B.
The City Council has the authority to impose reasonable regulations upon the
construction and location of various facilities from public utilities.
[§ 18-101, Paragraph B, amended by Ord. No. 89-17, effective December 8, 198, amended by Ord. No. 92-2, effective April 17, 1992, amended
by Ord. No. 09-02, effective March 5, 2009.]
C.
The City Council has the authority to regulate the construction and location of Utility
systems in furtherance of the protection of public health, public safety and public welfare
pursuant to Minn. Stat. §462.358, Subd. 5, as amended.
[§ 18-101, Paragraph C, amended by Ord. No. 89-17, effective December 8, 1989, amended by Ord. No. 09-02, effective March 9,
2009.]
D.
The City Council has the authority to exercise municipal powers to further regulate the
location and construction of utilities within the City.
[§ 18-101, Paagraph D, amended by Ord. No. 09-02, effective March 9, 2009.]
E.
The City has been presented with proposals from competing suppliers of natural gas to
construct Pipeline Distribution Systems within the same roads to service the same territories
within the City and, further, this conflict in proposals needs to be regulated to protect the public
safety, public health and public welfare. The prospect of two (2) or more Natural Gas Pipelines
being constructed in close proximity to each other within the same right-of-way presents the
following public safety hazards:
1.
The inability to identify the source of a leak or explosion and the inability to
conduct immediate repairs;
2.
The danger of multiple fires or multiple explosions in the event of a break or
rupture of one of the multiple gas lines;
3.
Increased reaction time to emergency situations;
4.
The increased probability that an excavator who fails to call for the location of a
Pipeline facility will strike one of the multiple gas Pipelines;
5.
Undue congestion and confusion at emergency sites because of the need to have
more than one gas Utility present at the site;
6.
The potential of one gas Utility operating the other gas Utility’s appliances or
valves; and
7.
The presence of multiple Natural Gas Distribution Systems within the same
easement road or right-of-way owned by unrelated companies would increase the risk of
explosion and fire.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 18: REGULATION OF UTILITIES
The prospect of two (2) or more Natural Gas Pipelines being constructed within the same rightsof-way to serve the same neighborhoods presents the following public welfare problems:
1.
An increased cost to the customers in the overlapping Service Areas;
2.
The unneeded additional expense in operating costs which the other customers of
the competing utilities would need to bear; and
3.
It would be uneconomical, inconvenient and disruptive for property owners and
the public to have the same easement, road or right-of-way excavated twice for the
installation of gas Pipeline Distribution System.
[§ 18-101 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-02, effective March 5, 2009.]
SECTION 18-102.
PURPOSE. The purpose of this Chapter is to provide minimal reasonable
regulations as to the location and construction of public utilities facilities within any public easement
road or right-of-way within the City of Columbus. A further purpose of this Chapter is to provide
reasonable minimal regulations in the public interest to prevent overlapping Distribution Systems and
overlapping service territories by providers of Natural Gas.
[§ 18-102 amended by Ord. No. 07-02, effective March 1, 2007.]
ARTICLE II
DEFINITIONS
SECTION 18-200.
APPLICATION AND INTERPRETATION.
A.
For the purpose of this Chapter, certain numbers, abbreviations, terms, words, and
phrases used herein shall be used, interpreted and defined as set forth in this Article.
B.
Whenever any words and phrases used herein are not defined herein but are defined
elsewhere in the City Code and in the State laws regulating the creation and function of various
agencies, any such definition therein shall be deemed to apply to such words and phrases used
herein, except when the context otherwise requires.
C.
For the purpose of these regulations, certain words and phrases used herein shall be
interpreted as follows:
1.
The word “person” includes an individual, firm, association, organization,
partnership, trust, company, corporation, or any other legal entity.
2.
The masculine includes the feminine.
3.
The present tense includes the past and future tense, the singular number
includes the plural.
4.
The word “shall” is a mandatory requirement, the word “may” is a permissive
requirement, and the word “should” is a preferred requirement.
5.
The words “used” or “occupied” include the words “intended, arranged, or
designed to be used or occupied.”
[§ 18-200 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 18-201.
WORDS AND PHRASES DEFINED. The definitions contained in this
Section shall apply to this Chapter.
A.
“Charged Pipeline.” Any Pipeline which is filled with Natural Gas.
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Anoka County, Minnesota
City Code, Chapter 18: REGULATION OF UTILITIES
B.
“Distribution System.” All of the facilities, lines, pipes, equipment, and fixtures of a
Utility which are designed for distribution of the Utility’s services to more than one customer.
C.
“Electric Facilities.” Electric transmission and distribution towers, poles, lines, guys,
anchors, ducts, fixtures, and necessary appurtenances owned or operated by an electric Utility for
the purpose of providing electric energy for public use.
D.
“Natural Gas.” A product in gaseous form designed and used for the purpose of
combustion in furnaces and appliances, to supply energy for public or private consumption, and
which is sold by Utility companies subject to the regulatory authority of the Minnesota Public
Utilities Commission, including Natural Gas, manufactured gas, mixture of Natural Gas and
manufactured gas or other forms of gas energy.
E.
“Pipeline.” Any Pipeline, above-ground or underground, which has been installed by
any party for the purpose of transmitting Natural Gas, including mains and lines connecting
mains to individual buildings.
F.
“Public Land.” Land owned by the City for park, open space or similar purpose, which
is held for use in common by the public.
G.
“Public Way.” All roads, streets, alleys, public right-of-ways, Utility easements and
public grounds of the City as to which it has the right to grant the use to a Utility.
H.
“Service Area.” That portion of the City where gas Utility receives a conditional
Service Area license to install and operate a Distribution System.
I.
“Service Area Licensee”. A Service Area Licensee includes a utility operating under a
franchise.
J.
“Service Connection/Service Line.” The connection and line from a Utility’s
Distribution System to a single customer’s dwelling or building.
K.
“City”. In this Ordinance, “City” means the City of Columbus, County of Anoka, State
of Minnesota.
L.
“City Utility System”. The facilities used for providing sewer, water, or any other
public Utility service owned or operated by City or agency thereof.
M.
“Utility”. Any publicly or privately owned or operated system which publicly provides
energy services (electric, Natural Gas, liquid petroleum, and others), communication services
(telephone, cable TV, and other), or water and sewer services (potable water, sanitary sewer,
storm sewer and others).
[§ 18-201 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09/07, effective September 3, 2009, amended by Ord.
No. 10-05, effective April 1, 2010.]
ARTICLE III
CONSTRUCTION OF FACILITIES
SECTION 18-301.
ALL UTILITIES SUBJECT TO THIS CHAPTER. All Utilities operating or
maintaining lines, facilities or equipment within a city road right-of-way or upon Public Land are subject
to the regulations of this Chapter.
SECTION 18-302.
UTILITY CONSTRUCTION IN ROAD CROSS-SECTION. All Utilities
shall construct their lines in accordance with the cross-section specifications contained in Chapter 8 of
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Anoka County, Minnesota
City Code, Chapter 18: REGULATION OF UTILITIES
this City Code, Appendix A, “Standard Specifications for New Roadway Construction,” incorporated
herein by reference.
[§ 18-302 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 18-303.
CONSTRUCTION PERMITS. No Utility company shall open, excavate, or
disturb the surface of any public ground or right-of-way for any purpose without first having obtained a
construction permit from the City Administrator. No land disturbing activities in furtherance of
construction of utilities shall be commenced until the Zoning Administrator has made a determination as
to the applicability of Chapter 7D on the proposed construction. The City Administrator shall require
proof of workers’ compensation insurance coverage from either the Utility or its subcontractor prior to
issuance of any construction permit.
A.
Distribution System Permits.
1.
Prior to construction of any lines, equipment, facilities, or other parts of a
Distribution System, a Utility shall first obtain a construction permit from the City
Administrator and/or City Engineer. The application for a permit shall be submitted in
duplicate to the City Administrator at the City Hall. The application shall include: a
scaled area map showing the proposed location of the lines or equipment to be
constructed; depictions and specifications for lines, cables, equipment or facilities to be
installed; and a road cross-sectional schematic showing the proposed location of any
buried lines or cables. The application shall be accompanied by a $200.00 permit fee.
2.
The completed application shall be forwarded to the City Engineer for review.
The City Administrator shall not issue the permit until the City Engineer has approved
the application in writing and until the City has been reimbursed by the applicant for its
actual expense incurred in reviewing the application, including all professional
consulting fees.
B.
Service Connection Permits. Prior to any construction or relocation and reconstruction
of any Service Connection, a Utility shall first obtain a construction permit from the City
Administrator. The application shall be accompanied by a map showing the address and location
of the Service Line to be installed or reconstructed. The City Administrator may issue the permit
upon receipt of the completed application. The purpose of the permit is to provide the City with
information regarding the location, time and extent of the construction or excavation activity.
C.
Repair or Maintenance Permits. Prior to any excavation or construction to repair or
maintain any portion of a Distribution System, a Utility shall first obtain a construction permit
from the City Administrator. The application shall be accompanied by a map showing the
location of the equipment or line to be repaired or excavated. The City Administrator may issue
the permit upon receipt of the completed application. The purpose of the permit is to provide
the City with information regarding the location, time and extent of the construction or
excavation activity.
D.
Emergencies. A Utility may excavate or perform other work without a permit where an
emergency exists requiring the immediate repair of its lines or facilities. Within three (3)
working days after effecting emergency repairs, the Utility shall make application for the
appropriate permit. For emergency repairs to a Distribution System, the permit:
1.
Shall include the Utility’s certification that the repaired line has not been
relocated; or
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Anoka County, Minnesota
City Code, Chapter 18: REGULATION OF UTILITIES
2.
Shall include map(s) and schematic(s) to show the relocation of the repaired line
or equipment.
[Section 18-303, amended by Ord. No. 93-3, effective March 12, 1993, amended by Ord. No. 94-5, effective January 12, 1996, amended by
Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-04, effective March 19, 2009.]
SECTION 18-304.
CROSSING CHARGED PIPELINES.
A.
Crossing Charged Pipeline. No person, corporation or other entity shall cause or permit
a Pipeline to become a Charged Pipeline where the Pipeline to be charged crosses over or
beneath a Charged Pipeline which exists as of August 18, 1989.
B.
Exception. A Charged Pipeline may cross over or under another Charged Pipeline where
both Charged Pipelines are part of a Distribution System and neither is a Service Connection, and
only where the existence of the second Pipeline to be charged is necessary to extend the delivery
of Natural Gas to customers located in a new Service Area or in areas outside of the City.
Exceptions granted under this section shall be extremely limited, and economic considerations
alone shall not justify the issuance of a permit where another practical means of delivering
Natural Gas is available without creating a situation in which two Charged Pipelines cross each
other.
[§ 18-304 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 18-305.
RESTRICTION ON MULTIPLE GAS LINES. Multiple parallel gas
Pipelines owned by two (2) or more gas Utilities shall not be constructed within the same City right-ofway, except that one gas Utility may construct its Pipeline on one side of the right-of-way to provide a
Distribution System for its Service Area within which the right-of-way is included, and a second gas
Utility may construct a transmission Pipeline on the opposite side of the right-of-way to connect to new
Service Areas or to connect to areas outside of the City.
[§ 18-305 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 18-306.
RESTORATION WORK. After undertaking any work requiring the opening
of any Public Way or Public Ground, the Utility shall restore the same, including paving and its
foundation, to as good condition as formerly existed, and shall maintain the same in good condition for
two (2) years thereafter. The work shall be completed as promptly as weather permits, and if the Utility
shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and
put the Public Way or Public Ground in the said condition, the City shall have, after demand to the
Utility to cure and the passage of a reasonable period of time following the demand, but not to exceed
five (5) days, the right to make the restoration at the expense of the Utility. The Utility shall pay to the
City the cost of such work done for or performed by the City, including its administrative expense and
overhead, plus ten percent (10%) additional as liquidated damages. This remedy shall be in addition to
any other remedy available to the City.
[§ 18-306 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 18-307.
RELOCATION OF UTILITIES.
A.
Relocation of Utilities in Public Ways. If the City determines to vacate for a City
improvement project, or to grade, regrade, or change the right-of-way lines of any Public Way, or
construct or reconstruct any Utility System in any Public Way, it may order the Utility to relocate
its Facilities located therein. The Utility shall relocate its Facilities at its own expense. The City
shall give the Utility reasonable notice of plans to vacate for a City improvement project, or to
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Anoka County, Minnesota
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grade, regrade, or change the line of any right-of-way or to construct or reconstruct any City
Utility System. If a relocation is ordered within five (5) years of a prior relocation of the same
Facilities, which was made at Utility expense, the City shall reimburse for non-betterment
expenses on a time and material basis, provided that if a subsequent relocation is required
because of the extension of a City Utility System to a previously unserved area, may be required
to make the subsequent relocation at its expense. Nothing in this Ordinance requires Utility to
relocate, remove, replace or reconnect at its own expense its facilities where such relocation,
removal, replacement or reconstruction is solely for the convenience of the City and is not
reasonably necessary for the construction or reconstruction of a Public Way or City Utility
System or other City improvement. In no case shall the City be liable to the Utility for failure to
specifically preserve a right-of-way under Minn. Stat. § 160.29, as amended.
[§ 18-307, Paragraph A, amended by Ord. No. 89-17, effective December 8, 1989, amended by Ord. No. 09-02, effective March 5,
2009.]
B.
Relocation of Utility in Public Ground. The City may require the Utility to relocate or
remove its Facilities from Public Ground upon a finding by City that the facilities have become
or will become a substantial impairment of the public use to which the Public Ground is or will
be put. The relocation or removal shall be at the Utility’s expense. The provisions of this
Paragraph B apply only to facilities constructed upon Public Ground in reliance on a Service
Area license and a Utility does not, by this provision, waive its rights under a recorded easement
document or prescriptive right in favor of the Utility.
[§ 18-307 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-02, effective March 5, 2009.]
SECTION 18-308.
RELOCATION WHEN PUBLIC GROUND VACATED. The vacation of
any Public Ground shall not operate to deprive the Utility of the right to operate and maintain its
facilities therein. Unless ordered under Section 18-307, the Utility need not relocate until the reasonable
cost of relocating and the loss and expense resulting from such relocation are first paid to the Company.
When the vacation is for the benefit of the City in the furtherance of a public purpose, the Utility shall
relocate at its own expense.
[§ 18-308 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 18-309.
STREET IMPROVEMENTS, PAVING OR RESURFACING.
A.
The City shall give the Utility reasonable written notice of plans for street improvements
where paving or resurfacing of a permanent nature is involved. The notice shall contain the
nature and character of the improvements, the streets upon which the improvements are to be
made, the extent of the improvements and the time when the City will start the work, and, if more
than one street is involved, the order in which this work is to proceed. The notice shall be given
to the Utility a sufficient length of time, considering seasonable working conditions, in advance
of the actual commencement of the work, to permit the Utility to make any additions, alterations
or repairs to its facilities the Utility deems necessary.
B.
In cases where streets are at final width and grade, and the City has installed
underground sewer and water mains and Service Connections to the property line abutting the
streets prior to a permanent paving or resurfacing of such streets, and the Utility’s main is located
under such street, the Utility may be required to install gas Service Connections prior to such
paving or resurfacing, whenever it is apparent that gas service will be required during the five (5)
years following the paving or resurfacing.
[§ 18-309 amended by Ord. No. 07-02, effective March 1, 2007.]
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 18: REGULATION OF UTILITIES
SECTION 18-310.
LOCATION OF ABOVE-GROUND FACILITIES
A.
Location of Above-Ground Facilities. Above-ground Utilities shall be located and
constructed so as not to interfere with the safety and convenience of ordinary travel along and
over Public Ways. A permit to construct facilities on Public Grounds or Public Ways may be
disallowed by the City Council upon finding that the proposed facility constitutes a hazard in the
right-of-way. A “hazard in the right-of-way” is any construction at any location within the full
width of the right-of-way, which because of position, siting and proximity to the traveled portion
of the right-of-way and because of strength, density and mass of construction would be the kind
of impediment to a motor vehicle traveling at the posted speed limit sufficient to cause bodily
harm to vehicle passengers when impacted by said vehicle after it has left the travelled portion of
the right-of-way. Upon such a finding, the Utility shall be required to construct its facility
outside of the right-of-way. The Utility’s construction, reconstruction, operation, repair,
maintenance and location of above-ground facilities shall be subject to other reasonable
regulations of the City.
B.
Field Locations. The Company shall provide field locations for any of its underground
facilities within a reasonable period of time on request by the City. The period of time will be
considered reasonable if it compares favorably with the average time required by the cities in the
same county to locate municipal underground facilities for the Utility.
[§ 18-310 amended by Ord. No. 07-02, effective March 1, 2007.]
ARTICLE IV
GENERAL CONDITIONS APPLICABLE TO ALL SERVICE AREA LICENSES FOR
NATURAL GAS UTILITIES
SECTION 18-401.
INDEMNIFICATION.
A.
Each Service Area licensee shall indemnify, keep and hold the City free and harmless
from any and all liability on account of injury to persons or damage to property occasioned by
the construction, maintenance, repair, inspection, the issuance of permits or licenses, or the
operation of the Utility’s facilities located in the City. The City shall not be indemnified for
losses or claims occasioned through its own negligence except for losses or claims arising out of
or alleging the City’s negligence as to the issuance of licenses or permits for, or inspection of, the
Utility’s plans or work. The City shall not be indemnified if the injury or damage results from
the performance in a proper manner of acts reasonably deemed hazardous by Utility, and such
performance is nevertheless ordered or directed by the City after notice of Utility’s
determination.
B.
In the event a suit is brought against the City under circumstances where this license
condition applies, the Utility, at its sole cost and expense, shall defend the City in such suit if
written notice thereof is promptly given to the Utility within a period wherein the Utility is not
prejudiced by lack of such notice. If the Utility is required to indemnify and defend, it will
thereafter have control of such litigation, but the Utility may not settle such litigation without the
consent of the City, which consent shall not be unreasonably withheld. This section is not, as to
third parties, a waiver of any defense or immunity otherwise available to the City; and the Utility,
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Anoka County, Minnesota
City Code, Chapter 18: REGULATION OF UTILITIES
in defending any action on behalf of the City, shall be entitled to assert in any action every
defense or immunity that the City could assert on its own behalf.
[§ 18-401 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 18-402.
ADEQUATE SUPPLY. Each Service Area licensee shall furnish and supply to
the Service Area inhabitants an adequate supply of gas, as long as available under such pressure and
conditions as may be reasonably required under such rules and regulations as may be established by this
Chapter, and the Minnesota Public Utilities Commission or other such regulatory body as may
hereinafter be established under the laws of the State of Minnesota, and given jurisdiction thereof.
SECTION 18-403.
PUBLIC SAFETY. By acceptance of its Service Area license, each licensee
acknowledges that the City may enact ordinances which affect the licensee’s rights and duties with
respect to Pipeline safety and construction, and acknowledges that where such public safety is a bona
fide municipal concern, such ordinances shall effectively serve to amend this Chapter and the rights and
duties contained herein. Each licensee specifically consents to such amendments, even though they be
unilateral in nature.
[§ 18-403 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 18-404.
ASSIGNMENT OF SERVICE AREA LICENSES. A licensee, upon notice to
the City, shall have the right and authority to assign all rights conferred upon it by this Chapter to any
person. The assignee of such rights, by accepting such assignment, shall become subject to the
regulations and conditions of this Chapter.
[§ 18-404 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 18-405.
LICENSEE’S ANNUAL REPORT. The Utility company shall provide an
annual revised City map showing location of its Distribution System in the City.
[§ 18-405 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 18-406.
NONEXCLUSIVE SERVICE AREAS.
A.
Each Service Area license is nonexclusive and conditional. If it is in the public interest
to do so, the City Council may grant intermingled Service Areas to competing gas utilities. It is
the intent of these provisions to provide a reasonable measure of regulation to avoid intermingled
or overlapping Service Areas. In this sense, each Service Area license is nonexclusive.
B.
A Service Area license is subject to the general conditions of this Article and to the
specific conditions recited in each license.
[§ 18-406 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 18-407.
REVIEW OR REVOCATION OF A SERVICE AREA LICENSE.
A.
The City Council may review a Service Area license upon the request of any person or
upon its own initiative.
B.
A Service Area license may be revoked or reduced in its area upon the City Council
making any one or more of the following findings:
1.
The licensee has failed to meet the general conditions of this Article or the
specific conditions of its license;
2.
The licensee has failed to operate the Utility within the City in accord with this
Chapter; or
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Anoka County, Minnesota
City Code, Chapter 18: REGULATION OF UTILITIES
3.
Any just cause.
Revocation proceedings will be conducted in accord with Chapter 10 of the City Code.
[§ 18-407 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 18-408.
APPLICATION FOR SERVICE AREA LICENSE. Application for a Service
Area license shall be made in writing to the City Administrator and shall include such maps, schematics,
diagrams and narrative descriptions as are necessary to describe or depict:
A.
The existing Distribution System;
B.
Existing Service Connections;
C.
The proposal for extension of the Distribution System; and
D.
A well-defined schedule and calendar for construction of the extension to the
Distribution System.
The application shall be accompanied by a nonrefundable $250.00 fee to defray a portion of the
City’s costs for conducting a public hearing.
[Section 18-408, amended by Ord. No. 92-2, effective April 17, 1992, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord.
No. 09-04, effective March 19, 2009.]
SECTION 18-409.
EXPANSION OF SERVICE AREAS. A Service Area licensee may make
application to expand its Service Area in the same manner as an original license application.
SECTION 18-410.
INITIAL SERVICE AREA LICENSE FEES.
A.
License fees shall be paid by the first licensee(s) to defray the City’s cost in granting a
license and in administering the regulations of this Chapter. The Utilities which obtain the first
Service Area Licenses in the City shall each be charged a license fee based upon the formula:
$1,000.00, plus $2.10 for each improved parcel within the described service area. The number of
improved parcels shall be determined by the City Administrator by reference to the most recent
listing by the Anoka County Assessor. License fees charged for expansion of an existing Service
Area shall be based upon the following formula: the City’s actual costs (after credit for § 18-408
hearing fee) for consideration of the expansion request plus $2.10 for each improved parcel
within the described expansion area. No other license fees or percentage-of-gross-revenues fees
shall be charged. The present waiver of these other license fees is made in the public interest.
This waiver does not apply to construction permit fees. (See § 18-303 above.) The City Council
reserves the right to establish additional license fees in the future.
B.
The license fee for licenses awarded under § 18-510 and § 18-520 are due and payable at
the City Hall by the licensees on August 28, 1989. (Clerk’s note: Ordinance No. 89-1 was
published on August 17, 1989, making the Ordinance and this Chapter effective on August 18,
1989. The Ordinance, as passed, called for payment of the license fees “... within ten (10) days
following the effective date of this Ordinance.” The text of this sentence, as printed here, has
been revised accordingly. /s/Barbara A. Masteller.)
[§ 18-410 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-04, effective March 19, 2009.]
SECTION 18-411.
OPEN AREAS NOT DESCRIBED WITHIN ANY LICENSED SERVICE
AREA. The areas of the City not described in any Service Area license are deemed open areas. Any
Utility which is able to provide service to an open area may make application for a Service Area license
or for expansion of an existing Service Area license.
[§ 18-411 amended by Ord. No. 07-02, effective March 1, 2007.]
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 18: REGULATION OF UTILITIES
ARTICLE V
CONDITIONAL NONEXCLUSIVE LICENSES FOR SERVICE AREAS FOR GAS UTILITIES
SECTION 18-500.
SERVICE AREA LICENSES. This Article contains the Service Area Licenses
awarded to providers of Natural Gas within the City. Except for construction of transmission lines (see
Article III), a gas Utility shall not construct a Distribution System or Service Connections within a
Service Area licensed to another gas Utility by this Chapter.
[§ 18-500 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 18-510.
CENTERPOINT ENERGY GAS FRANCHISE ORDINANCE
A.
DEFINITIONS
For purposes of Section 81-510, the CenterPoint Energy Gas
Franchise Ordinance, the following capitalized terms listed in alphabetical order shall have the
following meanings:
1.
“City.” “City” means the City of Columbus, County of Anoka, State of
Minnesota.
2.
“City Utility System.” The facilities used for providing sewer, water, or any
other public Utility service owned or operated by City or agency thereof.
3.
“Commission.” The Minnesota Public Utilities Commission, or any successor
agency or agencies, including an agency of the federal government, which preempts all
or part of the authority to regulate gas retail rates now vested in the Minnesota Public
Utilities Commission.
4.
“Company.” CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy
Minnesota Gas (“CenterPoint Energy”) its successors and assigns including all
successors or assigns that own or operate any part or parts of the Gas Facilities subject to
this Franchise.
5.
“Gas Energy.” Gas Energy includes both retail and wholesale natural,
manufactured or mixed gas.
6.
“Gas Facilities.” Gas transmission and distribution pipes, lines, ducts, fixtures,
and all necessary equipment and appurtenances owned or operated by the Company for
the purpose of providing Gas Energy for retail or wholesale use.
7.
“Notice.” A writing served by any party or parties on any other party or parties.
Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice
President, 800 LaSalle Avenue, Minneapolis, MN 55402. Notice to the City shall be
mailed to City Administrator, City of Columbus, 16319 Kettle River Blvd., Columbus,
Minnesota 55025-8419. Any party may change its respective address for the purpose of
this Ordinance by written Notice to the other parties.
8.
“Ordinance.” This gas franchise ordinance, also referred to as the Franchise.
9.
“Public Way.” Any highway, street, alley or other public right-of-way within
the City.
10.
“Public Ground.” Land owned or otherwise controlled by the City for utility
easements, park, trail, walkway, open space or other public property, which is held for
use in common by the public or for public benefit.
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Anoka County, Minnesota
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B.
C.
ADOPTION OF FRANCHISE
1.
Grant of Franchise. City hereby grants Company, for a period of 20 years from
the date of this Ordinance is passed and approved by the City, the right to import,
manufacture, distribute and sell Gas Energy for public and private use within and
through the limits of the City as it boundaries now exist or as they may be extended in
the future and also the right to transport Gas Energy through the limits of the city for use
outside of the City limits. For these purposes, Company may construct, operate, repair
and maintain Gas Facilities in, on, over, under and across the Public Ways and Public
Grounds, subject to the provisions of this Ordinance. Company may do all reasonable
things necessary or customary to accomplish these purposes, subject, however, to such
reasonable regulations as may be imposed by the City pursuant to a public right-of-way
ordinance or permit requirements adopted consistent with state law.
2.
Effective Date; Written Acceptance. This Franchise shall be in force and
effect from and after the passage of this Ordinance and publication as required by law
and its acceptance by Company. If Company does not file a written acceptance with
theCity within 60 days after the date the City Council adopts this Ordinance, or
otherwise inform the City, at any time, that the Company does not accept this Franchise,
the City Council by resolution may revoke this Franchise.
3.
Service and Gas Rates. The terms and conditions of service and the rates to be
charged by Company for Gas Energy in City are subject to the exclusive jurisdiction of
the Commission.
4.
Publication Expense. Company shall pay the expense of publication of this
Ordinance.
5.
Dispute Resolution. If either party asserts that the other party is in default in
the performance of any obligation hereunder, the complaining party shall notify the other
party of the default and the desired remedy. The notification shall be written.
Representatives of the parties must promptly meet and attempt in good faith to negotiate
a resolution of the dispute. If the dispute is not resolved within 30 days of f the written
Notice, the parties may jointly select a mediator to facilitate further discussion. The
parties will equally share the fees and expenses of the mediator. If a mediator is not used
or if the parties are unable to resolve the dispute within 30 days after first meeting with
the selected mediator, either party may commence an action in District Court to interpret
and enforce this Franchise or for such other relief as may be permitted by law or equity.
6.
Continuation of Franchise. If the City and the Company are unable to agree on
the terms of a new franchise by the time this Franchise expires, this Franchise will
remain in effect until a new franchise is agreed upon, or until 90 days after the City or
the Company serves written Notice to the other party of its intention to allow Franchise
to expire. However, in no event shall this Franchise continue for more than one year
after expiration of the 20-year term set forth in Section 2.1.
LOCATION, OTHER REGULATIONS
1.
Location of Facilities. Gas Facilities shall be located, constructed, and
maintained so as not to interfere with the safety and convenience of ordinary travel along
and over Public Ways and so as not to disrupt normal operation of any City Utility
System. Gas Facilities may be located on Public Grounds in a location selected by the
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 18: REGULATION OF UTILITIES
City. The location and relocation of Gas Facilities shall be subject to reasonable
regulations of the City consistent with authority granted the City to manage its Public
Ways and Public Grounds under state law, to the extent not inconsistent with a specific
term of this Franchise.
2.
Street Openings. Company shall not open or disturb the surface of any Public
Way or Public Ground for any purpose without first having obtained a permit from the
City, if required by a separate ordinance, for which the City may impose a reasonable
fee, unless the City is receiving a franchise fee pursuant to this Ordinance, in which case
all permit fees will be waived. Permit conditions imposed on Company shall not be
more burdensome than those imposed on other utilities for similar facilities or work.
Company may, however, open and disturb the surface of any Public Way or Public
Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas
Facilities and (ii) Company gives telephone, email or similar Notice to the City before
commencement of the emergency repair, if reasonably possible. Within two business
days after commencing the repair, Company shall apply for any required permits and pay
any required fees.
3.
Restoration. After undertaking any work requiring the opening of any Public
Way or Public Ground, the Company shall restore the Public Ways or Public Grounds in
accordance with Minnesota Rules, 7819.1100. Company shall restore the Public Way or
Public Ground to as good a condition as formerly existed, and shall maintain the surface
in good condition for two (2) years thereafter. All work shall be completed as promptly
as weather permits, and if Company shall not promptly perform and complete the work,
remove all dirt, rubbish, equipment and material, and put the Public Way or Public
Ground in the said condition, the City shall have, after demand to Company to cure and
the passage of a reasonable period of time following the demand, but not to exceed five
days, the right to make the restoration of the Public Ways or Public Grounds at the
expense of Company. Company shall pay to the City the cost of such work done for or
performed by the City.
4.
Avoid Damage to Gas Facilities. The Company must take reasonable measures
to prevent the Gas Facilities from causing damage to persons or property. The Company
must take reasonable measures to protect the Gas Facilities from damage that could be
inflicted on the Gas Facilities by persons, property, or the elements. The Company must
take protective measures when the City performs work near the Gas Facilities, if given
reasonable Notice by the City of such work prior to its commencement.
5.
Notice of Improvements to Streets. The City will give Company reasonable
written Notice of plans for improvements to Public Ways and Public Grounds where the
City has reason to believe that Gas Facilities may affect or be affected by the
improvement. The Notice will contains: (i) the nature and character of the
improvements (ii) the Public Ways or Public Grounds upon which the improvements are
to be made, (iii.) the extent of the improvements, (iv) the time when the City will start
the work, and (v) if more than one Public Way or Public Grounds is involved, the order
in which the work is to proceed. The Notice will be given to Company a sufficient
length of time, considering seasonal working conditions, in advance of the actual
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 18: REGULATION OF UTILITIES
commencement of the work to permit Company to make any additions, alterations or
repairs to its Gas Facilities the Company deems necessary.
6.
Mapping Information. The Company must promptly provide complete and
accurate mapping information for any of its Gas Facilities in accordance with the
requirements of Minnesota Rules 7819.4000 and 7819.4100.
D.
RELOCATIONS
1.
Relocation in Public Ways and Public Grounds. The Company and City shall
comply with the provisions of Minnesota Rules 7819.3100, with respect to requests for
the Company to relocate Gas Facilities located in Public Ways. The Company and City
shall apply the same principles of Minnesota Rules 7819.3100 to Public Grounds.
2.
Projects with Federal Funding. Relocation, removal, or rearrangement of any
Company Gas Facilities made necessary because of the extension into or through City of
a federally aided highway project shall be governed by the provisions of Minnesota
Statutes Sections 161.45 and 161.46.
E.
INDEMNIFICATION
1.
Indemnity of City. Company shall indemnify and hold the City harmless from
any and all liability, on account of injury to persons or damage to property occasioned by
the construction, maintenance, repair, inspection, the issuance of permits, or the
operation of the Gas Facilities located in the Public Ways and Public Grounds. The City
shall not be indemnified for losses or claims occasioned through its own negligence or
otherwise wrongful act or omission except for losses or claims arising out of or alleging
the City’s negligence as to the issuance of permits for, or inspection of, Company’s plans
or work.
2.
Defense of City. In the event a suit is brought against the City under
circumstances where this agreement to indemnify applies, Company at its sole cost and
expense shall defend the City in such suit if written Notice thereof is promptly given to
Company within a period wherein Company is not prejudiced by lack of such Notice. If
Company is required to indemnify and defend, it will thereafter have control of such
litigation, but Company may not settle such litigation without the consent of the City,
which consent shall not be unreasonably withheld. This section is not, as to third parties,
a waiver of any defense or immunity otherwise available to the City. The Company, in
defending any action on behalf of the City, shall be entitled to assert in any action every
defense or immunity that the City could assert in its own behalf. This Franchise
agreement shall not be interpreted to constitute a waiver by the City of any of its
defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466.
F.
VACATION OF PUBLIC WAYS AND PUBLIC GROUNDS. The City shall give
Company at least two weeks prior written Notice of a proposed vacation of a Public Ways or
Public Grounds. The City and the Company shall comply with Minnesota Rules 7819.3200 with
respect to any request for vacation.
G.
CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of
the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the
City shall, without the consent of Company, succeed to all of the rights and obligations of the
City provided in this Ordinance.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 18: REGULATION OF UTILITIES
H.
FRANCHISE FEE
1.
Form. During the term of the franchise hereby granted, the City may charge the
Company a franchise fee. If the City should enact a franchise fee through a franchise fee
ordinance, the Company will administer the collection and payment of franchise fees to
City in lieu of permit fees, or other fees that may otherwise be imposed on the Company
in relation to its operations as a public utility in the City. The franchise fee will be
collected on a flat per meter basis, or by some other method that is mutually acceptable
to both City and Company for each customer within the corporate limits of the City. The
amount of the fee collected may differ for each customer class. The City will use a
formula that provides a stable and predictable amount of fees, without placing the
Company at a competitive disadvantage. Such fee shall not exceed any amount that the
Company may legally charge to its customers prior to payment to the City. If the
Company claims that the City required fee formula is discriminatory or otherwise places
the Company at a competitive disadvantage, the company will provide a formula that will
produce a substantially similar fee amount to the City. The City will attempt to
accommodate the Company but is under no franchise obligation to adopt the Companyproposed franchise fee formula and each review will not delay the implementation of the
City-imposed fee. If the City and Company are unable to agree, the disagreement shall
be subject to the Dispute Resolution provisions of this Ordinance.
2.
Separate Ordinance. The franchise fee shall be imposed by separate ordinance
duly adopted by the City Council, which ordinance shall not be adopted until at least
sixty (60) days after written Notice enclosing such proposed ordinance has been served
upon the Company by certified mail. The Company is not required to collect a franchise
fee if the terms of the fee agreement are inconsistent with this franchise or state law,
provided the Company notifies the City Council of the same within the sixty (60) day
period.
3.
Condition of Fee. The separate ordinance imposing the fee shall not be
effective against the Company unless it lawfully imposes a fee of the same or
substantially similar amount on the sale of energy within the City by any other energy
supplier, provided that, as to such supplier, the City has the authority or contractual right
to require a franchise fee or similar fee through an agreed-upon franchise.
4.
Collection of Fee. The franchise fee shall be payable not less than quarterly
during complete billing months of the period for which payment is to be made. The
franchise fee formula may be changed from time to time, however, the change shall meet
the same Notice and acceptance requirements and the fee may not be changed more often
than annually. Such fee shall not exceed any amount that the company may legally
charge to its customers prior to payment to the City. Such fee is subject to subsequent
reductions to account for uncollectibles and customer refunds incurred by the Company.
The Company shall not be responsible to pay City fees that Company is unable to collect
under Commission rules or order. The Company agrees to make available for inspection
by the City at reasonable times all records necessary to audit the Company’s
determination of the franchise fee payments.
5.
Continuation of Franchise Fee. If this Franchise expires and the City and the
Company are unable to agree upon terms of a new franchise, the franchise fee, if any
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 18: REGULATION OF UTILITIES
being imposed by the City at the time this Franchise expires, will remain in effect until a
new franchise is agreed upon. However, the franchise fee will not remain in effect for
more than one year after the franchise expires as stated in Section 2.6 of this Franchise.
If for any reason franchise terminates, the franchise fee will terminate at the same time.
I.
ABANDONED FACILITIES. The Company shall comply with Minnesota Statutes,
Section 216D.01 et. seq. and Minnesota Rules 7819.3300, as theymay be amended from time to
time with respect to abandoned facilities located in Public Ways and Public Grounds.
J.
PROVISIONS OF ORDINANCE.
1.
Severability. Every section, provision, or part of this Ordinance is declared
separate from every other section, provision, or part; and if any section, provision, or part
shall be held invalid, it shall not affect any other section, provision, or part. Where a
provision of any other City ordinance conflicts with the provisions of this Ordinance, the
provisions of this Ordinance shall prevail.
2.
Limitation on Applicability. This Ordinance constitutes a franchise agreement
between the City and Company as the only parties. No provisions herein shall in any
way inure to the benefit of any third person (including the public at large) so as to
constitute any such person as a third party beneficiary of this Ordinance or of any one or
more of the terms hereof, or otherwise give rise to any cause of action in any person not
a party hereto.
K.
AMENDMENT PROCEDURE. Either party may propose at any time that this
Franchise Ordinance be amended. Franchise Ordinance may be amended at any time by the City
passing a subsequent ordinance declaring the provisions of the amendment, which amendatory
ordinance shall become effective upon the filing of Company’s written consent thereto with the
City Clerk within 60 days after the effective date of the amendatory ordinance. If the Company
does not consent to the amendment, the ordinance containing the amendment shall be revoked by
City.
[§ 18-510 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-04, effective March 19, 2009, and amended by Ord.
No. 09-07, effective September 3, 2009.]
SECTION 18-520.
CONDITIONAL SERVICE AREA LICENSE FOR NORTHERN STATES
POWER COMPANY.
A.
License. The City hereby grants Northern States Power Company, its successors and
assigns, a nonexclusive right and license for a period of twenty (20) years from and after August
18, 1989, to erect, construct, maintain and operate within the below-described Service Area a gas
distributing system together with all appurtenances, pipes, machinery, tanks and appliances
necessary or useful thereto, for the distribution of gas for the purpose of selling, distributing and
supplying gas to the Service Area and the inhabitants thereof, and others, together with the right
and franchise to use and occupy the roads, streets, avenues, alleys, bridges and other public
places of said City, as now or hereafter laid out and hereafter extended with its gas mains, pipes,
Pipelines, distributing lines, conduits and other appliances and appurtenances necessary or useful
for the purpose of maintaining and operating such gas distributing system within the Service
Area, and the right and franchise of selling, distributing and supplying the Service Area and its
inhabitants thereof, with such gas for light, heat, fuel, power, cooking and other purposes, subject
to the terms and conditions of this Ordinance, as herein set forth.
B.
Service Area Described. The Service Area licensed hereunder is described as follows:
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 18: REGULATION OF UTILITIES
C.
All those portions of the City of Columbus, Anoka County, Minnesota, described
as follows: All of Sections 30 and 31, Township 33 North, Range 22 West; and,
All those portions of the City of Columbus, Anoka County, Minnesota, lying
within the following described boundary: Beginning at the Southeast corner of Section
33, Township 32 North, Range 22 West, thence North along the East line of said Section
33 to the Northeast corner of the Southeast Quarter of the Northeast Quarter; thence East
along the North line of the South Half of the Northwest Quarter of Section 34, Township
32, Range 22, to the Northeast corner of said South Half; thence North to the Northeast
corner of the Southeast Quarter of the Southwest Quarter of Section 27, Township 32,
Range 22; thence East to the Southeast corner of the Northwest Quarter of the Southeast
Quarter of Section 27; thence North to the Northeast corner of the Northwest Quarter of
the Northeast Quarter of said Section 27; thence West to the Northwest corner of the
Northwest Quarter of the Northeast Quarter of said Section 27; thence North to the
Northeast corner of the Southeast Quarter of the Southwest Quarter of Section 22,
Township 32, Range 22; thence West along the North line of the Southeast Quarter of
the Southwest Quarter of said Section 22, a distance of 885 feet; thence Northeasterly
and parallel with the Easterly right-of-way line of Anoka County Highway Right-of-Way
Plat No. 3 to the centerline of Crossways Lake Drive; thence Northwesterly along the
centerline of Crossways Lake Drive to intersect the centerline of Anoka County Highway
Right-of-Way Plat No. 3; thence Northeasterly along the centerline of Anoka County
Highway Right-of-Way Plat No. 3, to its intersection with the Northeast corner of the
Northwest Quarter of the Northeast Quarter of Section 22, Township 32, Range 22;
thence Westerly along said section line a distance of 660 feet; thence North to a point on
the North line of the Southwest Quarter of the Southeast Quarter of Section 15,
Township 32, Range 22, lying 660 feet Westerly, as measured along said North line,
from the Northeast corner of said Southwest Quarter of the Southeast Quarter; thence
Easterly along said quarter-quarter line to the Northwest corner of the South Half of the
Southwest Quarter of Section 14, Township 32, Range 22; thence continuing Easterly
along the North line of said South Half of said Southwest Quarter, continuing Easterly
along the North line of the South Half of the Southeast Quarter of said Section 14;
thence continuing Easterly along the North line of the South Half of the Southwest
Quarter of Section 13, and continuing Easterly along the North line of the South Half of
the Southeast Quarter of Section 13 to the Township line, being the East line of Section
13, Township 32, Range 22 West; thence South along the Columbus Town line to the
Southeast corner of Section 36, Township 32, Range 22; thence West along the section
line to the Southeast corner of Section 33, Township 32, Range 22, and there
terminating.
Specific Conditions of This License.
1.
The licensee shall construct its Distribution System in accord with the designs,
specifications, and schedules contained within its application on file and of record in the
office of the City Clerk.
2.
The licensee shall operate its Utility in accord with the provisions of this Chapter
and of the City Code.
3.
The licensing fees to be paid under this license are:
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 18: REGULATION OF UTILITIES
Public hearing fee (§ 18-408) ............................. $ 250.00
Basic license fee (§ 18-410) ............................. 1,000.00
Formula license fee (§ 18-410),
based on 212 improved parcels
within Service Area
(at $2.10 each) ................................................. 445.20
TOTAL ........................................................... $1,695.20
4.
On or before September 1, 1990, the licensee shall submit plans and schedules to
the Town Manager, depicting and describing the licensee’s plans and schedule for
completion of a Distribution System within the licensed Service Area. Such plans and
schedules are subject to regulation by the Public Utilities Commission.
[§ 18-520 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 18-521.
CONDITIONAL SERVICE AREA LICENSE FOR NORTHERN STATES
POWER COMPANY.
A.
License. The City hereby grants Northern States Power Company, its successors and
assigns, a nonexclusive right and license for a period of twenty (20) years from and after April
23, 1993, to erect, construct, maintain and operate within the below-described Service Area a gas
distributing system together with all appurtenances, pipes, machinery, tanks and appliances
necessary or useful thereto, for the distribution of gas for the purpose of selling, distributing and
supplying gas to the Service Area and the inhabitants thereof, and others, together with the right
and franchise to use and occupy the roads, streets, avenues, alleys, bridges and other public
places of said City, as now or hereafter laid out and hereafter extended with its gas mains, pipes,
Pipelines, distributing lines, conduits and other appliances and appurtenances necessary or useful
for the purpose of maintaining and operating such gas distributing system within the Service
Area, and the right and franchise of selling, distributing and supplying the Service Area and its
inhabitants thereof, with such gas for light, heat, fuel, power, cooking and other purposes, subject
to the terms and conditions of this Ordinance, as herein set forth.
B.
Service Area Described. The Service Area licensed hereunder is described as follows:
All those portions of the City of Columbus, Anoka County, Minnesota, described as
follows:
All of Section 25, Township 33 North, Range 22 West; The Northeast Quarter of
Section 26, Township 33 North, Range 22 West; The Southeast Quarter of Section 26,
Township 33 North, Range 22 West; The South Half of the Southwest Quarter of
Section 26, Township 33 North, Range 22 West; The North Half of the Northwest
Quarter of Section 35, Township 33 North, Range 22 West; The North Half of the
Northeast Quarter of Section 35, Township 33 North, Range 22 West; The North Half of
the Northwest Quarter of Section 36, Township 33 North, Range 22 West; and, The
North Half of the Northeast Quarter of Section 36, Township 33 North, Range 22 West.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 18: REGULATION OF UTILITIES
C. Specific Conditions of This License.
1.
The licensee shall construct its Distribution System in accord with the designs,
specifications, and schedules contained within its application on file and of record in the
office of the City Clerk.
2.
The licensee shall operate its Utility in accord with the provisions of this Chapter
and of the City Code.
3.
The licensing fees to be paid under this license are:
Public hearing fee (§ 18-408) .............................. $250.00
Basic license fee (§ 18-410) ...................................... 0.00
Formula license fee (§ 18-410),
based on 27 improved parcels
within Service Area ....................................................
(at $2.10 each) ................................................. _56.70
TOTAL ................................................................ $306.70
4.
On or before May 1, 1994, the licensee shall submit plans and schedules to the
Town Manager, depicting and describing the licensee’s plans and schedule for
completion of a Distribution System within the licensed Service Area. Such plans and
schedules are subject to regulation by the Public Utilities Commission.
[Section 18-501 added by Ord. No. 93-4, effective April 23, 1993, amended by Ord. No. 07-02, effective March 1, 2007.]
ARTICLE VI
MISCELLANEOUS PROVISIONS
SECTION 18-601.
CHANGE IN FORM OF GOVERNMENT. Any change in the form of
government of the City shall not affect the validity of this Chapter. Any governmental unit succeeding
the City shall, without the consent of any Utility, automatically succeed to all of the rights of the City
provided in this Chapter.
[§ 18-601 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 18-602.
SEVERABILITY. If any portion of this Chapter is found to be invalid for any
reason whatsoever, the validity of the rest of this Chapter shall not be affected.
SECTION 18-603.
PENALTY. Any person, firm, or corporation violating any provision of this
Chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine or
imprisonment in accordance with the provisions of Chapter 1, Section 1-109 of this City Code.
[Section 18-603 amended by Ord. No. 92-2, effective April 17, 1992, amended by Ord. No. 07-02, effective March 1, 2007.]

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City of Columbus
Anoka County, Minnesota
City Code, Chapter 18: REGULATION OF UTILITIES
CHAPTER 18 added to the Columbus Town Code by Ordinance No. 89-6, adopted August 9, 1989, effective August
18, 1989. Clerk’s note: references in the text of Ordinance No. 89-6 to “the effective date of this Ordinance” have
been revised in the printing of Chapter 18 to read “August 18, 1989.” /s/Barbara A. Masteller, Town Clerk
History of ordinances affecting the text of Chapter 18 (since adoption of Ord. No. 89-6):
Ord. No. 89-17, effective December 8, 1989.
Ord. No. 92-2, effective April 17, 1992.
Ord. No. 93-3, effective March 12, 1993.
Ord. No. 93-4, effective April 23, 1993.
Ord. No. 94-5, effective January 12, 1996.
Ord. No. 07-02, effective March 1, 2007.
Ord. No. 09-02, effective March 1, 2007.
Ord. No. 09-04, effective March 19, 2009.
Ord. No. 09-07, effective September 3, 2009.
Ord. No. 10-05, effective April 1, 2010.
This Chapter has been updated through the date of the latest ordinance listed above.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 19: SPECIAL ASSESSMENTS
CHAPTER 19
SPECIAL ASSESSMENTS
TABLE OF CONTENTS
CHAPTER 19
SPECIAL ASSESSMENTS .......................................................................... 19-1
ARTICLE I
Section 19-100
Section 19-101
19-1
Power to Levy Assessments19-1
Appeal ............................................................................................................... 19-1
City of Columbus
Anoka County, Minnesota
City Code, Chapter 19: SPECIAL ASSESSMENTS
CHAPTER 19
SPECIAL ASSESSMENTS
ARTICLE I
SECTION 19-100.
POWER TO LEVY ASSESSMENTS. The City shall have the power to levy
assessments to pay all or part of the cost of the improvements as provided for in Minnesota Statutes
Chapter 429.
[§ 19-100 amended by Ord. No. 07-02, effective March 1, 2007,. This Chapter (Public Improvement Projects) deleted in its entirety and
replaced by Chapter entitled Special Assessments per Ord. No. 12-05, effective January 24, 2013.]
SECTION 19-101.
APPEAL. Within 30 days after the adoption of the assessment, any person
aggrieved, who is not precluded by failure to object prior to or at the assessment hearing, or whose
failure to so object is due to a reasonable cause, may appeal to the district court by serving a notice upon
the mayor or clerk of the municipality.
[§ 19-101 amended by Ord. No. 07-02, effective March 1, 2007. This chapter (Public Improvement Projects) deleted in its entirety and
replaced by Chapter entitled Special Assessments per Ord. No. 12-05, effective January 24, 2013.]

History of ordinances affecting the text of Chapter 19 since it was added to the Town Code by Ordinance No. 92-3,
effective October 9, 1992:
Ord. No. 07-02, effective March 1, 2007.
Ord. No. 09-04, effective March 19, 2009.
Ord. No. 12-05, effective January 24, 2013.
This Chapter has been updated through the date of the latest ordinance listed above.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 20: FORESTRY REGULATIONS
CHAPTER 20
FORESTRY REGULATIONS
TABLE OF CONTENTS
CHAPTER 20
FORESTRY REGULATIONS ..................................................... 20-1 TO 20-11
ARTICLE I
Section 20-100
Section 20-101
Section 20-102
Section 20-103
TITLE, POLICY, AND PURPOSE .............................................................. 20-1
Title ................................................................................................................... 20-1
Purpose ............................................................................................................. 20-1
Findings ............................................................................................................ 20-1
Policy ................................................................................................................ 20-1
ARTICLE II
Section 20-200
Section 20-201
Section 20-202
Section 20-210
GENERAL PROVISIONS .............................................................. 20-2 TO 20-3
Jurisdiction ....................................................................................................... 20-2
Superseding Affect ........................................................................................... 20-2
Definitions.. ...................................................................................................... 20-2
City Tree Board ................................................................................................ 20-3
ARTICLE III
Section 20-300
Section 20-301
CITY FORESTER .......................................................................................... 20-4
Appointment of the Forester ............................................................................. 20-4
Authority of the Forester .................................................................................. 20-4
ARTICLE IV
Section 20-400
Section 20-401
Section 20-402
Section 20-403
Section 20-404
Section 20-405
Section 20-406
Section 20-407
FORESTS AND TREES ON PUBLIC LANDS ............................ 20-4 TO 20-6
Planting, Maintenance or Removal................................................................... 20-4
Planting Application Data ................................................................................ 20-4
Maintenance Application Data ......................................................................... 20-5
Removal of Tree ............................................................................................... 20-5
Public Tree Care ............................................................................................... 20-5
Abuse or Mutilation of Public Trees ................................................................ 20-5
Protection of Public Trees ................................................................................ 20-6
Permits Required .............................................................................................. 20-6
ARTICLE V
Section 20-501
Section 20-502
Section 20-503
Section 20-504
Section 20-505
Section 20-506
Section 20-507
Section 20-508
Section 20-509
SHADE TREE DISEASES ........................................................... 20-6 TO 20-08
Declaration of Policy ........................................................................................ 20-6
Designation of a Tree Disease Control Area.. .................................................. 20-6
Appointment of a Tree Inspector ...................................................................... 20-7
Nuisances Declared - DELETED .................................................................... 20-7
Abatement - DELETED................................................................................... 20-7
Inspection and Investigation ............................................................................. 20-7
Interference Prohibited ..................................................................................... 20-8
Procedure for Notice of Infestation .................................................................. 20-8
Root Graft Disruption (Barriers at Property Boundaries) - DELETED .......... 20-8
City of Columbus
Anoka County, Minnesota
City Code, Chapter 20: FORESTRY REGULATIONS
Section 20-510
Section 20-511
Section 20-512
Transporting Elm and Oak Wood Prohibited ................................................... 20-8
Assessment and Penalty - DELETED.. .......................................................... 20-8
Separation of Provisions. .................................................................................. 20-8
ARTICLE VI
DEVELOPMENT GUIDELINES ................................................ 20-9 TO 20-10
Preamble to Article VI:. .................................................................................................................... 20-9
Section 20-600
Building Permit and Zoning Permit Guidelines. .............................................. 20-9
Section 20-601
Subdivision Design Guidelines. ....................................................................... 20-9
Section 20-602
Excavation Permit Guidelines .......................................................................... 20-9
Section 20-603
Tree Maintenance Plan ..................................................................................... 20-9
Section 20-604
Inspection for Oak Wilt and Shade Tree Pests. .............................................. 20-10
Section 20-605
Tree Inspection Regulations. .......................................................................... 20-10
ARTICLE VII
Section 20-701
Section 20-702
Section 20-703
PENALTIES AND CITY REMEDIES ...................................... 20-10 TO 20-11
Penalty ............................................................................................................ 20-10
RESERVED FOR FUTURE USE ............................................................... 20-11
Separation of Provisions. ................................................................................ 20-11
City of Columbus
Anoka County, Minnesota
City Code, Chapter 20: FORESTRY REGULATIONS
CHAPTER 20
FORESTRY REGULATIONS
ARTICLE I.
TITLE, POLICY, AND PURPOSE
SECTION 20-100.
Columbus.”
TITLE. This Chapter may be cited as the “Forestry Regulations for the City of
[Section 20-100 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 07-04, effective July 26, 2007.]
SECTION 20-101.
PURPOSE. This Chapter regulates all trees and Forests on public lands as the
same are defined herein. This Chapter also regulates all diseases and pests of Shade Trees on public and
private lands as the same are defined herein. The purposes of this Chapter are:
A.
To regulate the planting, maintenance and removal of trees on public lands under the
jurisdiction of the City;
B.
To preserve the Forests within the City;
C.
To protect property values by preserving the Forests in the City;
D.
To provide regulations for resisting and eradicating diseases and pests of Shade Trees;
E.
To provide development guidelines which seek to reduce loss of or damage to
Significant Trees on undeveloped land; and
F.
To provide guidelines which encourage the planting of new trees to replace those trees
lost to disease, pests, or development.
[Section 20-101 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 07-04, effective July 26, 2007.]
SECTION 20-102.
FINDINGS. The City Council finds:
A.
That the public and private Forests within the City are significant environmental and
aesthetic assets which should be preserved, protected, and replenished.
B.
That the public and private Forests within the City are significant property value assets.
C.
That oak Forests are the predominant hardwood Forests of the City and that preservation
of these Woods justifies an annual inspection of the City for oak wilt disease and Shade Tree
Pests.
D.
That the science of fighting diseases and pests of Shade Trees has changed somewhat
since the City’s first regulations were adopted.
E.
That the numerous provisions regulating trees and Forests in various chapters of the City
Code should be coordinated in one chapter of the Code.
F.
That the City Code should be augmented with reasonable regulations which are designed
to meet these purposes and to protect these values.
[Section 20-102 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 07-04, effective July 26, 2007.]
SECTION 20-103.
POLICY. The following policy statements are adopted by the City:
A.
Preserve and Protect. The City shall do all things reasonable to preserve and protect
existing trees on public lands within the City and to assist private landowners in the preservation
and protection of their trees.
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Anoka County, Minnesota
City Code, Chapter 20: FORESTRY REGULATIONS
B.
Preservation Preferred to Replacement. The preferred method of completing an
excavation, a subdivision of land, new construction, or other development work is the method or
plan which avoids damage to any Significant Trees.
C.
Voluntary Replacement Standards. If an excavation, a subdivision of land, new
construction, or other development work cannot be accomplished without removing existing
Significant Trees, then the trees removed should be replaced with new trees. Each replacement
tree should be not less than one inch caliper.
D.
Replacement Species and Diversity. Since oaks and other Shade Trees are susceptible to
diseases and pests, the City Forester shall recommend acceptable species for replacement trees to
reduce susceptibility to disease and to increase diversity of tree species.
[Section 20-103 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 07-04, effective July 26, 2007.]
ARTICLE II.
GENERAL PROVISIONS.
SECTION 20-200.
JURISDICTION. These regulations apply on all private lands in the City of
Columbus. These regulations apply on all public lands in the City of Columbus which are under the
jurisdiction and control of the City.
[§ 20-200 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 20-201.
SUPERSEDING AFFECT. Where this Chapter is in conflict with any other
provision of this City Code, this Chapter shall supersede.
[§ 20-201 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 20-202.
DEFINITIONS. All definitions shall be determined by reference to this City
Code, and, otherwise, words and phrases shall have the meaning customarily assigned to them as a matter
of general usage.
A.
“D.B.H.” is an abbreviation for Diameter, Breast Height, and means the diameter of a
tree at a distance of 4.5 feet above the ground.
B.
“Drip Line” is a line formed on the ground directly underneath (as measured with a
plumb line) the farthest reaching plumage of a tree (as measured from the trunk of the tree).
“Extended Drip Line” is that area lying within the area created by drawing a line ten (10) feet
outside and parallel to the Drip Line of a tree, including the area immediately underneath the
tree.
C.
“Easement Area” is any publicly owned easement for any purpose where the City has
also acquired the right to remove trees and other impediments within the easement area.
D.
“Forest,” “Grove,” Wooded Area,” and “Woods” are synonymous and
interchangeable terms which, for the purposes of the City Code, mean: any area where, in the
opinion of the City Forester, the predominant flora are Significant Trees.
E.
“Significant Tree” is any tree with at least a 6 inch D.B.H.
F.
“Park Land” is any land designated for public park purposes by the City.
G.
“Public Lands” and “Publicly Owned Property” are synonymous terms referring to
all lands which are owned in whole or in part by the City of Columbus, including, without
limiting the generality of the foregoing, fee title holdings (such as the City Hall property, City
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parks, and properties being held for future park) and easement holdings (such as City roads and
rights-of-way, drainage and utility easements acquired through development dedication,
dedicated conservation areas, dedicated wetlands areas, and dedicated open spaces) where the
City has also acquired the right to remove trees and other impediments within the easement area.
H.
“Shade Tree” is a woody perennial grown primarily for aesthetic or environmental
purposes.
I.
“Shade Tree Pest” is an organism, condition, or plan causing or threatening damage to a
Shade Tree.
[Section 20-202 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 07-04, effective July 26, 2007.]
SECTION 20-210.
CITY TREE BOARD. The City Council shall appoint a Tree Board consisting
of not less than five (5) and no more than nine (9) adults. Each member shall be a resident of the City of
Columbus. Each member shall be a fee owner or a contract-for-deed purchaser of a homestead within the
City of Columbus.
A.
TERMS. Members shall be appointed for staggered terms. Depending upon the actual
number of members, the City Council should appoint approximately one-third of the members
for a term of one (1) year, one-third for a term of two (2) years, and one-third for a term of three
(3) years. Thereafter, the term of each member shall be three (3) years and until a successor is
appointed and qualified. If the office of any Tree Board Member becomes vacant, the vacancy
shall be filled by appointment of the City Council. All members shall serve without
compensation, but shall be granted reimbursement for expenses incurred in performance of
official duties.
B.
EX OFFICIO MEMBERS. One member of the City Council, the Town Manager, and
the City Forester shall serve as ex officio members of the Tree Board.
C.
PURPOSE AND FUNCTION.
1.
The Tree Board shall serve as an advisor to the City Council, the City Planning
Commission, and to the City Forester as to the proper content and administration of these
regulations.
2.
The Tree Board shall ensure that the City does everything necessary to establish
and maintain its designation as “Tree City - USA” under the rules and regulations of the
National Arbor Day Foundation of Nebraska City, Nebraska, including preparing and
conducting an Arbor Day observance by the City.
3.
The Tree Board shall research, prepare, and recommend a program of tree
planting to the City Council for adoption by resolution.
This may include
recommendations jointly prepared with the Park Board for plantings or arboretums in
City parks.
4.
The Tree Board shall research, prepare, and recommend a City forestry budget to
the City Council for inclusion in the annual budget. Funds for the Shade Tree disease
control program shall be included in the budget request.
5.
The Tree Board shall research and prepare permit standards, maintenance
standards, and design standards to guide the City Forester in his administration of Article
IV of this Chapter. These standards shall be submitted to City Council for approval and
adoption, and may be revised from time to time by resolution of City Council.
6.
The Tree Board shall research and prepare such additional standards and
drawings necessary to aid the Zoning Administrator and City Forester in their
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Anoka County, Minnesota
City Code, Chapter 20: FORESTRY REGULATIONS
administration of Article VI, especially with respect to the details necessary for a
complete tree maintenance plan under § 20-603. These standards shall be submitted to
City Council for approval and adoption, and may be revised from time to time by
resolution of City Council.
[Section 20-210 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 07-04, effective July 26, 2007, amended by Ord.
No 09-04, effective March 19, 2009, amended by Ord. No. 13-01, effective January 31, 2013.]
ARTICLE III.
CITY FORESTER
SECTION 20-300.
APPOINTMENT OF THE FORESTER. The City Council shall designate
and appoint a Forester for the City. The City Council may assign the duties of the City Tree Inspector to
the Forester who shall then also act as and have the authority of City Tree Inspector. (See § 20-503
below.)
[§ 20-300 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 20-301.
AUTHORITY OF THE FORESTER. The Forester shall have the authority
granted by this City Code. The Forester shall have the authority to enforce the regulations for the
planting, maintenance, removal of trees on public easements, roads and streets and other publicly owned
property to ensure safety or preserve the aesthetics of such public sites. The Forester shall have the
authority and it shall be his or her duty to supervise or inspect all work done under a permit issued in
accordance with the terms of this Chapter. The Forester shall have the authority to affix reasonable
conditions to the granting of a permit in accordance with the terms of these regulations and in accordance
with generally accepted standards of arboricultural practice. In the absence of the City Forester or in the
event the City Forester is unavailable to administer this Chapter, either the Zoning Administrator or the
Town Manager may act in place of the City Forester.
[§ 20-301 amended by Ord. No. 07-02, effective March 1, 2007.]
ARTICLE IV.
FORESTS AND TREES ON PUBLIC LANDS
SECTION 20-400.
PLANTING, MAINTENANCE OR REMOVAL. No person shall plant,
spray, fertilize, preserve, prune, remove, cut above ground, or otherwise disturb any tree on any road,
street or publicly owned property or publicly-held easement without first filing an application and
procuring a permit from the Forester or from the Town Manager. The person receiving the permit shall
abide by the current Arboricultural Specifications and Standards of Practice of the University of
Minnesota Agricultural Extension Service, as adopted and modified by the City.
[§ 20-400 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 20-401.
PLANTING APPLICATION DATA. The application required herein shall
state the number of trees to be set out, the location, grade, species, cultivar or variety of each tree, the
method of planting, and such other information as the Forester shall find reasonably necessary to a fair
determination of whether a permit should be issued.
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Anoka County, Minnesota
City Code, Chapter 20: FORESTRY REGULATIONS
SECTION 20-402.
MAINTENANCE APPLICATION DATA. The application required herein
shall state the number and kinds of trees to be sprayed, fertilized, pruned, protected, or otherwise
preserved, the kind of treatment to be administered, the composition of the material to be applied, and
such other information as the Forester shall find reasonably necessary to a fair determination of whether
a permit should be issued.
SECTION 20-403.
REMOVAL OF TREE. No person or property owner shall remove a tree from
any publicly owned land or easement area for the purpose of construction, or for any other reason,
without first filing an application and procuring a permit from the Forester, and without replacing the
removed tree or trees in accordance with the adopted Arboricultural Specifications. Such replacement
shall meet the standards of size, species, and placement as provided for in a permit issued by the Forester.
The person or property owner shall bear the cost of removal and replacement of all trees removed.
SECTION 20-404.
PUBLIC TREE CARE.
A.
The Forester may plant, prune, maintain, remove, or perform any other arboricultural
practices as necessary within the lines of all street, alleys, avenues, lanes, squares and public
grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and
beauty of such public grounds. Planting and reforestation shall be done at the direction of the
City Council based upon the advice and recommendations of the Tree Board.
B.
The Forester may order the removal of any tree or part thereof which is in an unsafe
condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines,
water lines, or other public improvements, or is infected by injurious fungus, insects or other
pests. The Forester shall notify affected property owners of removal or trimming to be done and
give the property owner the option to complete the work by contract with a City approved tree
contractor. Under certain conditions, e.g., emergency situations, the City may complete the work
without prior notification to the property owner.
C.
Every tree overhanging any street or right-of-way within the City may be pruned so that
the branches shall not obstruct the light from any street lamp or obstruct the view of any street
intersection and so that there shall be a clear space of eight feet (8’) above the surface of the
street or sidewalk. Dead, diseased or dangerous trees, broken or decayed limbs which constitute
a menace to the safety of the public may be removed. The Forester may prune any tree or shrub
on private property when it interferes with the proper spread of light along the street from a street
light or interferes with visibility of any traffic control device or sign. The minimum clearance of
any overhanging portion is 12 feet over all streets, except truck thoroughfares which shall have a
clearance of 16 feet.
[§ 20-404 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No 09-04, effective March 19, 2009.]
SECTION 20-405.
ABUSE OR MUTILATION OF PUBLIC TREES. Unless specifically
authorized by the Forester, no person shall intentionally damage, cut, carve, transplant, or remove any
tree, attach any rope, wire, nails, advertising posters, or other contrivance to any tree, allow any gaseous
liquid, or solid substance which is harmful to such trees to come in contact with them, or set fire or allow
any fire to burn when such fire or the heat thereof will injure any portion of any tree.
Except for the safe removal of hazardous branches and trees by electrical utilities, it shall be
unlawful practice for any person to top any street tree, park tree, or other tree on public property without
authorization from the City Forester. Topping is defined as severe cutting back of a branch or a stub.
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Anoka County, Minnesota
City Code, Chapter 20: FORESTRY REGULATIONS
[§ 20-405 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 20-406.
PROTECTION OF PUBLIC TREES. All trees on any street or other publicly
owned property or easement near any excavation or construction of any building, structure or street work,
shall be guarded during such excavation or construction with a good substantial fence, frame, or box not
less than four (4) feet high and eight (8) feet square, or at a distance in feet from the tree equal to the
diameter of the trunk in inches D.B.H., whichever is greater, and all building material, dirt, or other
debris shall be kept outside the barrier.
No person shall excavate any ditches, tunnels, trenches, or drive any vehicle within a radius of 10
feet from the drip line of any public tree without first obtaining a written permit from the Forester. No
person shall deposit, place, store, or maintain upon any public land of the City, any stone, brick, sand,
concrete, or other materials which may impede the free passage of water, air, or fertilizer to the roots of
any tree growing therein, except by written permit of the Forester.
[§ 20-406 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 20-407.
PERMITS REQUIRED. No person shall plant, spray, fertilize, preserve,
prune, remove, cut above ground or otherwise disturb any tree in any park or on any other publicly
owned property without first obtaining a permit from the City Forester. No person shall remove a tree
from publicly owned property for construction, or any other reason, without first obtaining a permit from
the City Forester and without replacing said tree, meeting standards of size, species, and placement as
prescribed by the City Code.
No person shall excavate any ditches, tunnels, trenches or lay any drive within a radius of ten
feet from the drip line of any public tree without first obtaining a permit from the City Forester.
No persons shall deposit, place, store or maintain upon any public property any stone, brick,
sand, concrete or other materials which may impede the free passage of water, air, or fertilizer to the
roots of any tree growing thereon, without first obtaining a permit from the City Forester.
[§ 20-407 amended by Ord. No. 07-02, effective March 1, 2007.]
ARTICLE V.
SHADE TREE DISEASES
SECTION 20-501.
DECLARATION OF POLICY. The City Council has determined that the
health of the Shade Trees are threatened by pests and the health of the oak trees within the municipal
limits are threatened by a fatal disease known as oak wilt disease. It has further been determined that the
loss of Shade Trees, including oak trees, growing upon private and public property would substantially
depreciate the value of property within the City and impair the safety, good order, general welfare and
convenience of the public. It is declared to be the intention of the City Council to control and prevent the
spread of Shade Tree Pests and oak wilt disease and this Article is enacted for that purpose.
[Section 20-501 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 07-04, effective July 26, 2007.]
SECTION 20-502.
DESIGNATION OF A TREE DISEASE CONTROL AREA. The City
Council shall designate Shade Tree Pest control or oak wilt control areas within the City in which these
Shade Tree disease regulations and control procedures shall be utilized. These Shade Tree disease
regulations apply throughout the City on all publicly and privately owned lands except lands owned by
the state or federal governments.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 20: FORESTRY REGULATIONS
[Section 20-502 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 07-04, effective July 26, 2007.]
SECTION 20-503.
APPOINTMENT OF A TREE INSPECTOR. The City Council shall
designate a Tree Inspector or Tree Inspectors, certified by the Minnesota Commissioner of Agriculture,
who shall administer the Shade Tree disease control programs for the City in accordance with this Article
and within the designated Shade Tree disease control areas of the City. The Tree Inspector shall have the
authority to identify diseased trees and infectious material removed from diseased trees and to determine
if a diseased tree or other organism, condition or plant poses a threat of damage to trees or transmission
to other trees.
[Section 20-503 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 07-04, effective July 26, 2007.]
SECTION 20-504.
NUISANCES DECLARED.
[Section 20-504 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 07-04, effective July 26, 2007, amended by Ord.
No 09-04, effective March 19, 2009, Section deleted in it’s entirety by Ord. No. 11-08; effective October 20, 2011.]
SECTION 20-505.
ABATEMENT.
[§ 20-505 amended by Ord. No. 07-02, effective March 1, 2007, deleted in its entirety by Ord. No. 11-08, effective October 20, 2011.]
SECTION 20-506.
INSPECTION AND INVESTIGATION.
A.
Annual Inspections.
1.
The Tree Inspector shall inspect all premises and places within each designated
Shade Tree Pest control area of the City as many times as practical or necessary to
determine whether any condition described in 20-501.A exists. [References to Dutch Elm Disease
were removed from this paragraph by Ord. No. 93-1, effective February 2, 1996.]
2.
[References to Dutch Elm Disease were removed from this paragraph by Ord. No. 93-1, effective February 2,
1996.]
3.
Oak wilt disease. The Tree Inspector shall inspect all premises and places within
each designated oak wilt control area of the City as many times as practical or necessary
to determine whether any condition described in 20-504.B exists.
B.
Entry on Private Property. The Tree Inspector so designated by the City Council may
enter upon private property at any reasonable time for the purpose of carrying out the duties
assigned to him or her under this Article. Before making any inspection on private property,
notification shall be made to all affected residents and property owners either through an
individual oral or written notice.
C.
Diagnosis.
1.
The Tree Inspector shall, upon finding indications of oak wilt disease, take such
steps for diagnosis as may be appropriate, including analysis of twig samples from
actively wilting branches by the Department of Agriculture’s disease diagnosis
laboratory, or other laboratories capable of performing such services approved by the
Minnesota Commissioner of Agriculture. Whenever possible, diagnosis shall be based
upon accepted field symptoms.
2.
The Tree Inspector shall, upon finding indications of any organism, condition, or
plant determined to be causing or threatening to cause damage to Shade Trees shall take
such steps for diagnosis as may be appropriate. Whenever possible, diagnosis shall be
based upon accepted field symptoms.
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 20: FORESTRY REGULATIONS
D.
Reports. The Tree Inspector shall prepare the City’s reports to the Department. of
Agriculture and any other state agency reports as may be required by statute or by the Shade Tree
Disease Control provisions of Chapter 1505 of Minnesota Rules.
[Section 20-506 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 07-04, effective July 26, 2007, amended by Ord.
No. 11-08, effective October 20, 2011.]
SECTION 20-507.
INTERFERENCE PROHIBITED. It is unlawful for any person to prevent,
delay or interfere with the City Tree Inspector or his or her agents while they are engaged in the
performance of duties imposed by this Article.
SECTION 20-508.
PROCEDURE FOR NOTICE OF INFESTATION.
A.
Procedures. Whenever it is found with reasonable certainty that a tree or any part
thereof has oak wilt disease or is or may be affected by any Shade Tree Pests, the Tree Inspector
shall proceed as follows: If the Tree Inspector finds that there is potential for infection or
degradation of other Shade Trees, he/she shall notify the owner of the property on which the
nuisance is found. If the Tree Inspector finds that the infestation or condition is likely to affect
trees on abutting property, he may also give notice to those abutting property owners. The Tree
Inspector will provide information to the property owner regarding voluntary abatement methods.
If the nuisance is on park land or other public land, the city shall conduct abatement procedures
based on the recommendations of the Tree Inspector, including measures to effectively eradicate,
control or manage the Shade Tree Pest..
[Section 20-508 amended by Ord. No. 07-02, effective March 1, 2007; Ord. No. 07-04, effective July 26, 2007, amended by Ord. No. 11-08,
effective October 20, 2011 including deleting Section 20-508, Subsections B-D in their entirety.]
SECTION 20-509.
BOUNDARIES
ROOT GRAFT DISRUPTION (BARRIERS AT PROPERTY
[§ 20-509 deleted in its entirely by Ord. No. 11-08, effective October 20, 2011.]
SECTION 20-510.
TRANSPORTING ELM AND OAK WOOD PROHIBITED. It is unlawful
for any person to transport within the City any bark intact elm wood, or wood from the red oak group that
is determined to be infectious, without having obtained a permit from the City Tree Inspector. The City
Tree Inspector shall grant such permits only when such permission does not interfere with the provisions
of this Article.
[§ 20-510 amended by Ord. No. 07-02, effective March 1, 2007.]
SECTION 20-511.
ASSESSMENT AND PENALTY.
[Section 5-911 amended by Ord. No. 92-2, effective April 17, 1992, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord.
No. 07-04, effective July 26, 2007, amended by Ord. No. 09-02, effective March 9, 2009, deleted in its entirely by Ord. No. 11-08, effective 20,
2011.]
SECTION 20-512.
SEPARATION OF PROVISIONS. Each provision of this Article shall be
separable from every other part or provision held invalid by any court of competent jurisdiction; such
invalidity shall not affect the validity of any other part or provision hereof.
[CHAPTER 5, ARTICLE IX, § 5-901 through § 5-912, adopted by Ord. No. 88-4, effective December 30, 1988.]
[CHAPTER 20, ARTICLE V, was formerly “CHAPTER 5, ARTICLE IX,” and all sections of the former ARTICLE V have been renumbered by
the adoption of Ord. No. 93-1, effective February 2, 1996, incorporating CHAPTER 20 into the Town Code.]
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Anoka County, Minnesota
City Code, Chapter 20: FORESTRY REGULATIONS
ARTICLE VI.
DEVELOPMENT GUIDELINES
PREAMBLE TO ARTICLE VI:
The findings stated in Section 20-102 above are reasserted here. Trees and Forests on private
property are significant environmental values which should be protected, managed, and nurtured. Unlike
wetlands for which there are protective statutory regulations, Forest and trees on private land have not
yet been given public protection by the Minnesota legislature. Until the legislature acts, the City of
Columbus is limited to offering voluntary guidelines for the protection of Forest and trees on private
land. Landowners are encouraged to act responsibly when considering the removal of trees and Forests.
Except for the mandatory inspection for oak wilt under § 20-604 below and except for the required tree
maintenance plan, this Article VI is offered to landowners as a voluntary guide: no provision of this
Article shall be interpreted or construed to prevent a landowner from removing any particular tree from
privately owned land.
[Preamble amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 13-01, effective January 31, 2013.]
SECTION 20-600.
BUILDING PERMIT AND ZONING PERMIT GUIDELINES.
All
applicants for Building Permits and Zoning Permits under Chapter 7A of this City Code shall submit a
tree maintenance plan in accordance with the requirements for tree care under Section 20-603 of this
Chapter.
[§ 20-600 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 13-01, effective January 31, 2013.]
SECTION 20-601.
SUBDIVISION DESIGN GUIDELINES. All applicants for subdivisions
under Chapter 8 of this City Code shall submit a tree maintenance plan in accordance with the
requirements for tree care under Section 20-603 of this Chapter.
[§ 20-601 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 13-01, effective January 31, 2013.]
SECTION 20-602.
EXCAVATION PERMIT GUIDELINES. All applicants for excavation
permits under Chapter 9 of this City Code shall submit a tree maintenance plan in accordance with the
requirements for tree care under Section 20-603 of this Chapter.
[§ 20-602 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 13-01, effective January 31, 2013.]
SECTION 20-603.
TREE MAINTENANCE PLAN.
A.
Generally. When a tree maintenance plan is required under the guidelines of this
Chapter to protect Significant Trees, the plan shall be reviewed by the Zoning Administrator as
part of the proposed site plan. The tree maintenance plan also must be reviewed by the City
Forester in accordance with the standards and specifications for tree care section of this Chapter
and physical barriers installed before any earth-moving, excavation, or construction of
improvements begins. The tree maintenance plan shall cover all areas of preventing construction
damage including the designation of utility alleys, cut and fill areas, tree felling, tree wounding,
tree protection zones, the location of improvements to be constructed, the location of individual
on-site sewage treatment systems, the location of wells, the location of driveways, the proposed
location of replacement plantings, and disease control measures, and any other areas thought to
be advisable by the Forester.
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Anoka County, Minnesota
City Code, Chapter 20: FORESTRY REGULATIONS
B.
Coordinated with Other Regulations. The tree maintenance plan shall be coordinated
with each of the following:
1.
The consideration of a preliminary survey for a minor subdivision;
2.
The consideration of a preliminary plat for a major subdivision (plat);
3.
The site plan for an excavation regulated under Chapter 9 of this City Code;
4.
The site plan for new construction under the application for a Building Permit
and Zoning Permit under Chapter 7A of this City Code; and,
5.
Any other activity or development which could foreseeably damage existing
Significant Trees.
C.
State Law and County Ordinances. The tree maintenance plan shall also be reviewed
with consideration of state regulations which may require an environmental impact statement.
{See, for example, Minn. Rules § 4410.4300, Subpart 28, and § 4410.4600, Subpart 18, which
strictly regulates clear cutting of Forest and requires an environmental impact statement.
Parcels under 20 acres are exempt from the E.I.S. requirement.} The tree maintenance plan shall
also be reviewed with consideration of Columbus’ Shoreland Management Ordinance and
Floodplain Management Ordinance. {Minn. Rules § 6120.3300, Subpart 8, requires that
conversion of forested areas on lands subject to Shoreland Management or Flood Plain
Management Ordinances to a non-forested use, e.g., housing development, requires a
Conditional Use Permit which prohibits clear cutting of shore areas and requires a detailed
erosion and sediment control plan. Additionally, these plans must be approved by the Anoka
County Soil and Water Conservation Service before issuance of the Conditional Use Permit.}
[Section 20-603 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 07-04, effective July 26, 2007, amended by Ord.
No. 13-01, effective January 31, 2013.]
SECTION 20-604.
INSPECTION FOR OAK WILT AND SHADE TREE PESTS. It shall be the
responsibility of any builder or developer within The City of Columbus to have the property he is
developing or building on to be inspected for the presence of oak wilt disease, and to have all necessary
Shade Tree Pest and oak wilt control measures completed for the control of the disease prior to the
earlier of the following two events:
a.
Any soil disturbing activities or vehicular operations in the area of the diseased trees; or,
b.
The closing on the sale of the property to a new owner.
[Section 20-604 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 07-04, effective July 26, 2007.]
SECTION 20-605.
TREE INSPECTION REGULATIONS. Determination of the specific control
measures required and inspection and acceptance of those control measures shall be made by the City
Tree Inspector in accordance with this chapter.
[§ 20-605 amended by Ord. No. 07-02, effective March 1, 2007.]
ARTICLE VII.
PENALTIES AND CITY REMEDIES
SECTION 20-701.
PENALTY. Any person who violates any provision of this Chapter, except for
the voluntary provisions of Articles V and VI, shall be guilty of a misdemeanor, and upon conviction
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City of Columbus
Anoka County, Minnesota
City Code, Chapter 20: FORESTRY REGULATIONS
thereof, shall be punished by a fine or by imprisonment in accordance with the provisions of Chapter 1,
Section 1-109 of this City Code.
[§ 20-701 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 11-08, effective October 20, 2011.]
SECTION 20-702.
RESERVED FOR FUTURE USE.
[§ 20-702 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-02, effective March 5, 2009, deleted in its entirety by
Ord. No. 11-08, effective October 20, 2011.]
SECTION 20-703.
SEPARATION OF PROVISIONS. Each provision of this Chapter shall be
separable from every other part or provision held invalid by any court of competent jurisdiction; such
invalidity shall not affect the validity of any other part or provision hereof.

Chapter 20 was adopted by Ord. No. 93-1, effective February 2, 1996. Article V, formerly “CHAPTER 5,
ARTICLE IX,” and all sections of the former ARTICLE V have been renumbered by the adoption of Ord. No. 93-1.
History of ordinances affecting the text of Chapter 20 since its adoption
Ord. No. 07-02, effective March 1, 2007.
Ord. No. 07-04, effective July 26, 2007.
Ord. No. 09-02, effective March 5, 2009.
Ord. No. 09-04, effective March 19, 2009.
Ord. No. 11-08, effective October 20, 2011.
Ord. No. 13-01, effective January 31, 2013.
This Chapter has been updated through the date of the latest ordinance listed above.
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