SWANVILLE CITY CODE
ARTICLE I: ADMINISTRATION
1.1.0CITY CODE
1.2.0DEFINITIONS
1.3.0MAYOR AND CITY COUNCIL
1.4.0CITY OFFICERS AND EMPLOYEES
1.5.0ELECTIONS
1.6.0ASSESSMENTS
1.7.0SCHEDULE OF FEES
ARTICLE II: BOARDS AND COMMISSIONS
2.1.0RESERVED SECTIONS
ARTICLE III: BUSINESS AND LICENSE
3.1.0GENERAL LICENSING PROVISIONS
3.2.0LIQUOR CONTROL
3.3.0PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
ARTICLE IV: PUBLIC HEALTH AND SAFETY
4.1.0NUISANCES
4.2.0GARBAGE AND REFUSE
ARTICLE V: POLICE REGULATIONS
5.1.0GENERAL OFFENSES
5.2.0DOGS
5.3.0CURFEW
ARTICLE VI: MOTOR VEHICLES AND TRAFFIC
6.1.0STATE TRAFFIC REGULATIONS; GENERAL PROVISIONS
6.2.0STREET USE; PARKING
6.3.0JUNK AND ABANDONED MOTOR VEHICLES
ARTICLE VII: PUBLIC UTILITIES
7.1.0SEWER USE AND SERVICE
ARTICLE VIII: ZONING
8.1.0RESERVED SECTIONS
ARTICLE IX: SUBDIVISION OF LANDS
9.1.0RESERVED SECTIONS
ARTICLE I: ADMINISTRATION
1.1.0CITY CODE
1.1.1Title
This city code shall be known as the official city code of the City of Swanville upon its adoption and passage by the city council. Ordinances within this city code shall be cited as Swanville City Code and shall include the most recent ordinances adopted by the Swanville City Council and any amendments thereto. ReferenceSwanvilleCity Code may include “the Code” or “this Code.”
1.1.2Numbering and Format
The Swanville City Code is divided into chapters by general subject matters, sections and subdivisions further define these chapters. Each chapter shall be represented by a whole number, each section shall be presented as a decimal, and each subdivision shall be indicated as such.
1.1.3Enactment of Ordinances
All ordinances within the SwanvilleCity code shall be enacted consistent with the procedures set forth in Minnesota Statutes Chapter 412 and in section 1.4 of this code.
1.1.4Amendments, Additions, and Corrections
Any amendments to this Code shall be incorporated within the Swanville City Code as of their effectuation date. Ordinances added to this Code may or may not contain the title, enacting clause, section numbers, definitions of terms identical to those contained in this Code, the clause indicating date of adoption, and validating signatures and dates. The City Clerk and City Attorney may make any corrections to the grammar, punctuation, spelling, or format of this Code to the extent that such correction or reformatting shall not alter the meaning or intent of the Code. It shall be unlawful for any person to alter, change, replace, or deface any portion of this Code causing the meaning or intent to be changed or omitted.
1.1.5Code Available to the Public
The City of Swanville Code shall be made available to any member of the public during the regular business hours of the City of Swanville and as otherwise made available by the Swanville City Clerk.
1.1.6Penalties
Subd. 1. Misdemeanors. Any person violating any portions of this Code not expressly stated to be a petty misdemeanor shall be guilty of a misdemeanor and upon conviction, subject to a fine not to exceed $1,000 and 90 days imprisonment, or both.
Subd. 2 Petty Misdemeanors. A violation of any provision of this Code expressly stated to be a petty misdemeanor shall be subject to a fine not to exceed $300 plus the cost of prosecution.
Subd. 3 Separate Violations. Unless otherwise provided, each act of violation, and every day on which a violation occurs or continues constitutes a separate offense.
Subd. 4 Application to City Personnel. The failure of any officer or employee of the City to perform any official duty imposed by this Code will not subject the officer or employee to the penalty imposed for violation unless a penalty is specifically provided for such failure.
Subd. 5 Other Remedies. In addition to the remedies set out above in this Subsection, the City may exercise, with or separately, from such remedies and at the same or separate times, all and any legal and equitable remedies then available to the City by this Code or State Law to enforce this Code, or to recover any fees, charges or expenses owed to City pursuant to this Code, including, without limitation, injunction and the penalties and remedies in any provision incorporated into this Code by reference as provided by Subd. 8 of this Subsection.
Subd. 6 Costs of Enforcement. The person or persons violating this Code shall be jointly and severally liable for all fees or costs incurred by the City in enforcing this Code, or in collecting any fees, charges or expenses owed to the City, including attorney's fees.
Subd. 7 Permits, Licenses and Registrations. In addition to other remedies available to the City, the City may revoke or suspend, any permit, license or registration when the holder has violated or failed to comply with any provision of this Code which applies to the permit, license or registration which is the subject of the suspension or revocation.
Subd. 8 Codes Adopted by Reference. Any code, statute, or other provision, incorporated into and made a part of this Code by reference, shall also include and incorporate any penalties and remedies for violations which are a part of such incorporated provision, and the City may enforce such penalties and pursue such remedies in addition to the other penalties and remedies set out or referenced in this Code.
1.2.0DEFINITIONS
1.2.1Construction of Words
The word person includes a firm, association, partnership, trust, and company or corporation as well as individual persons. The word shall is mandatory, the word may is permissive and the word lot shall include the words “piece” and “parcel”. Words used in the present tense shall include the future; words used in the singular form shall include the plural, and the plural the singular.
1.2.2General Definitions
Agent: A person acting on behalf of another with authority conferred, either expressly or by implication.
Attorney: The City Attorney appointed by the City Council to enforce the Swanville City Code.
City: The City of Swanville, MorrisonCounty, State of Minnesota.
Code: The City of SwanvilleCity Code.
Council: Unless otherwise indicated, the city council of the City of Swanville.
County: The County of Morrison, State of Minnesota.
Ex Officio Member: A member of a City Board or Commission whom shall have the right to speak to any questions before the Board or Commission, but shall not be counted in establishing a quorum or in any vote.
Gender: A word importing either the masculine or feminine gender only shall extend and be applied to the other gender and to persons.
License: The permission granted for the carrying on of a business, profession or occupation.
Minnesota Statutes: Means any law, statute or rule enacted by the State of Minnesota.
Nuisance: Any act or activity which, in a single act, multiple acts, or in perpetuity, threatens the health, safety and welfare, or property of a person or persons within the community, or is offensive to the sensibilities of reasonable persons.
Occupant: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land whether alone or with others.
Offense: Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code.
Officer, Employee, Department, Board, or Commission: When referenced by title only shall be construed as if followed by the words “of the City of Swanville.”
Operator: The person who is in charge of any operation, business or profession.
Owner: As applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.
Ordinance: Any ordinance duly adopted by the City Council of the City of Swanville.
Person: Any corporation, firm, partnership, association, organization, government or any other group acting as a unit, as well as a natural person.
Personal Property: Shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.
Public Property and Public Place: Any place, property or premises dedicated to public use, owned by the city, occupied by the City as a lessee or occupied by the city as a street by reason of an easement, including but not limited to streets, parks or parking lots so owned or occupied
Right of Way: The privilege of the immediate use of the roadway or other property.
State: The state of Minnesota.
Street: Shall include alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.
Tenant: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land, whether alone or with others.
Written or “In Writing”: Includes any mode representing words and letters in the English language, but when the written signature of any person is required by law to any official or public writing or bond, it shall be in the proper handwriting of such person, or in case such person is unable to write, by such person's proper mark.
1.2.3Catchlines
The catchlines of the several sections of the City Code are intended as mere catchwords to indicate the content of the section and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division or section hereof, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
1.3.0MAYOR AND CITY COUNCIL
1.3.1Mayor
Subd. 1. Term of Office: Pursuant to Minnesota Statutes 412.022 the term of office for the Mayor of the City of Swanville shall be two (2) years.
Subd. 2. The mayor shall preside over all meetings of the City Council and in absence of the mayor same shall be done by a City Council member appointed by a majority vote of the Council.
1.3.2Council
Subd. 2. Term of Office: The term of office for City Council members shall be four (4) years and shall alternate in such a way as two terms of office shall be open for election every two years.
1.3.3Council Meetings
Subd. 1 Regular Meetings: The regular sessions of the City Council of the City of Swanville shall be held on the first Tuesday after the first Monday of each month at the hour of 7:30 P.M.
Subd. 2. Special Meetings: Special sessions of the Council may be held upon the request of the Mayor and Clerk. The time and location shall be specified at the time the meeting is requested.
Subd. 3. Meeting Location: All meetings of the Council shall be held at the SwanvilleCommunity Center unless the Council, for reasons of sufficient cause such as catastrophe may declare a meeting be held at the Swanville Fire Hall. Such meeting shall be conducted in the same manner as a regular meeting of the Council.
Subd. 4. Holidays: In the event a regularly scheduled meeting shall conflict with a legal holiday or federal, state, or local electionday, the regularly scheduled meeting shall be held the first business day following the day of conflict, unless scheduled at a later date providing sufficient notice is given.
1.4.0CITY OFFICERS AND EMPLOYEES
1.4.1Clerk/Treasurer Positions Combined
Subd. 1. Pursuant to Minnesota statutes section 412.591 the offices of clerk and treasurer are hereby combined in the office of Clerk-treasurer.
Subd. 2. Each year hereafter, as in the past, there shall be an audit of the City’s financial affairs in accordance with Minnesota Statutes and the minimum auditing procedures prescribed by the Minnesota State Auditor.
1.4.2Salaries
Subd 1. Mayor: The annual salary of the Mayor shall be eight teen hundred dollars ($1,800.00).
Subd. 2. Council: The annual salary of members of the City Council shall be nine hundred dollars ($900.00).
Subd. 3. Clerk: The monthly salary of the City Clerk shall be nine hundred dollars ($900.00)
Subd. 4. Special Meetings: The Mayor and members of the City Council shall be paid ten dollars ($10.00) per hour.
Subd. 5. Maintenance Man Salary $35,000.00 annually + Health and Disability Insurance + 3 weeks paid vacation.
Subd. 6. Cleaning Community Center $125.00 monthly.
Subd. 7. Substitute Maintenance Man $10.00 per hour.
Subd. 8. Park/Helper/Mower $9.00 per hour.
1.5.0ELECTIONS
1.5.1Date for Regular Elections
The date for the regular election of the City Council and Mayor shall be the first Tuesday after the first Monday in November of each year.
1.5.2Polling Places
The polling place for the City of Swanville shall be the SwanvilleCommunity Center.
1.5.3Election Judges
The designated judges for federal, state, and county elections held at the same time as regular elections shall serve as judges for the City election.
1.5.4Absentee Ballot Precinct
Subd. 1. Absentee Ballot Precinct Established: The Morrison County Board of Commissioner shall establish an absentee ballot precinct for the purposes of receiving all absentee ballots for any primary or general election or special referendum held within the City pursuant to Minnesota Statutes 203B.13.
Subd. 2. Supervision; Cost: The absentee ballot precinct shall be under the direct charge and supervision of the Morrison County Auditor unless otherwise indicated by Minnesota Statutes, and shall be administered pursuant to Minnesota Statutes Chapter 203B.
1.6.0ASSESSMENTS
1.6.1Deferral for Elderly and Disabled Persons
Subd.1. Eligibility: The City Council may defer payment of special assessments on properties owned by persons age sixty-five (65) or older and meet all requirements of Minnesota Statutes 290B.03; or are able to provide satisfactory evidence of permanent or total disability as prescribed by Minnesota Statutes 435.193; or for reasons of hardship as defined herein.
Subd. 2. Application: An application prescribed by the CountyAuditor, supplemented by the City Clerk shall be submitted by persons claiming deferral of special assessments prior the City Council granting deferment of special assessment.
Subd. 3. Notice to CountyAuditor: Upon the granting of deferment by the City Council, the Clerk shall notify the CountyAuditor, who shall record a notice of the deferment to the CountyAssessor showing the amount of the assessment as consistent with Minnesota Statutes 435.194.
Subd. 4. Hardship: A hardship shall exist prima facie when all of the following conditions apply.
(1) the property must be owned and occupied as a homestead by a person 65 years of age or older. In the case of a married couple, both of the spouses must be at least 65 years old at the time the first property tax deferral is granted, regardless of whether the property is titled in the name of one spouse or both spouses, or titled in another way that permits the property to have homestead status;
(2) the total household income of the qualifying homeowners, as defined in Minnesota Statues section 290A.03D:\Files\Resource\Cities & Townships\Swanville\Ordinances\290A\03.html, subdivision 5, for the calendar year preceding the year of the initial application may not exceed $60,000;
(3) the homestead must have been owned and occupied as the homestead of at least one of the qualifying homeowners for at least 15 years prior to the year the initial application is filed;
(4) there are no state or federal tax liens or judgment liens on the homesteaded property;
(5) there are no mortgages or other liens on the property that secure future advances, except for those subject to credit limits that result in compliance with Subd. 4. (6); and
(6) the total unpaid balances of debts secured by mortgages and other liens on the property, including unpaid and delinquent special assessments and interest and any delinquent property taxes, penalties, and interest, but not including property taxes payable during the year, does not exceed 75 percent of the assessor's estimated market value for the year.
Subd. 5. Deferral Under Exceptional and Unusual Circumstances: The City Council may consider exceptional and unusual circumstances in addition to, or other than the above standards, however any such determination shall not give preference or advantage to any one applicant over another.
Subd. 6. Disability: Disability shall be determined prima facie to exist upon the presentation of the applicant, a sworn affidavit by a medical doctor licensed by the Minnesota State Board of Medical Practice
1.7.0SCHEDULE OF FEES
The following annual license fees for the period of July 1 through June 30 of the following year:
Subd. 1. Liquor
On Sale:$1,750.00
Off Sale:$100.00
Sunday Liquor:$150.00
Subd. 2. Peddlers, Solicitors, and Transient Merchants
Annual Fee:$10.00
Subd. 3. Reserved
Subd. 4. Reserved
Subd. 5. Reserved
1.7.1Permit Fees
Subd. 1. Dogs$10.00
Subd. 2. Building Permits$50.00
Subd. 3. Reserved
1.7.2Utility Rates
Subd. 1. Water Connection Fee$1500.00
Subd. 2. DepositsNo deposit required
Subd. 3. Reconnection Fee$100.00
Subd. 4. Sewage Fee$1000.00
Subd. 5. Water Base Fee$15.00/Monthly
Water Usage Fee$3.50 @ 1000 U.S. Gallons
Subd. 6. Sewer Base Fee$10.00/Monthly
Sewer Usage Fee$5.50 @ 1000 U.S. Gallons
1.7.3Planning and Zoning
Subd. 1. Conditional Use Permit Fee$100.00
Subd. 2. Variance Fee$100.00
Subd. 3. Zoning Amendment Fee(Reserved)
Subd. 4. Preliminary Plat Fee(Reserved)
ARTICLE II: BOARDS AND COMMISSIONS
2.1.0RESERVED SECTIONS
All sections of this article shall be reserved for the establishment of city boards and commissions.
ARTICLE III: BUSINESS AND LICENSE
3.1.0GENERAL LICENSING PROVISIONS
3.1.1Application for License and Permits
All applications for licenses and permits shall be made to the City Clerk unless otherwise provided by law. Applications shall contain the name and mailing address of the applicant, the license or permit applied for, the address of the place where the license or permit will be used, and the time period for which the license or permit is valid and any fees to be paid. A separate application shall be required for each license or permit issued by the City of Swanville.
3.1.2Persons or Entities Subject to License
Whenever a license or permit is required by this code for the maintenance, conduct or operation of any business or establishment or for engaging in business, activity or occupation, any person or corporation shall be subject to the requirement if by himself or an authorized agent, employee, or partner. The person holds themselves forth as being engaged in the business or occupation; or solicits patronage therefore, actively or passively, or performs or attempts any part of such business or occupation within the City of Swanville.
3.1.3Forms
All forms for license and permits shall be prepared and kept by the City Clerk.
3.1.4Signatures
Any license or permit issued shall bear the signatures of the Mayor and the City Clerk unless otherwise indicated in this ordinance.