City Council

MINOT CITY COUNCIL Monday, September 21, 2015 - 6:30 p.m. Minot City Council Chambers - City Hall AGENDA 1. Roll Call. 2. Pledge of Allegiance. 3. Ordinances on Second Reading. • Ordinance No. 5009- Dangerous Building Search Warrants 4. Adopt Budget Ordinance No. 5012 on Second Reading. 5. Adjournment.  ORDINANCE NO. 5009 AN ORDINANCE AMENDING AND REENACTING SECTION 9-12 IN CHAPTER 9 OF THE CITY OF MINOT CODE OF ORDINANCES, BY ADDING A NEW SUBSECTION (c) RELATING TO ADMINISTRATIVE SEARCH WARRANTS FOR DANGEROUS BUILDINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MINOT: §1. Section 9-12 of the City of Minot Code of Ordinances is amended and reenacted to read as follows: Sec. 9-12. - Notice of violation; enforcement; administrative search warrants. (a) If the building official discovers a dangerous condition or dangerous building he shall promptly serve a notice of violation upon the owner thereof and the person in charge thereof. Service may be by any means reasonably calculated to provide the person sought to be served with actual notice and may include personal service, service by mail with return receipt requested, or service by publication. If the current address or whereabouts of an appropriate party for purpose of service cannot be found, then the building official need only mail a copy of the notice of violation to the owner's last known address as indicated by the records of the Ward County treasurer or Ward County register of deeds. (b) The notice of violation shall contain the following: (1) The street address and legal description of the premises whereupon the dangerous condition or dangerous building is alleged to exist; (2) The name and last known address of the owner or person in charge of the building or dangerous condition, or both; (3) A description of the dangerous condition or dangerous building expressed in terms substantially similar to those used in section 9-11 (and with an appropriate reference to this article); (4) Whether or not immediate vacation of the building is being ordered; (5) The remedial action which the building official is ordering to be taken by the owner or other person in charge of the building in question so that the dangerous condition or dangerous building will no longer exist; (6) The date by which the remedial action required must be accomplished; (7) A brief explanation of the city's rights under section 9-13 if the appropriate remedial work is not performed and of the owner's rights to demolish the building in lieu of performing the work; (8) The name, office address and telephone number of the building official or other city employee to be contacted if the person upon whom the notice is served  wishes to dispute whether or not a dangerous condition or dangerous building exists, or wishes further information or other relief; (9) The date and signature of the building official; and (10) The name and address of the person to whom the notice is directed. (c ) Absent emergency circumstances, the building official shall make reasonable efforts to obtain consent from the owner or other person in possession of or in charge of a property before entering a building, structure or area enclosed with a secure fence or other barrier for the purpose of inspecting the property as may be required to enforce this ordinance. If there is not an emergency and consent is denied, the building official shall seek an administrative search warrant under N.D.C.C. chapter 29-29.1 in order to conduct the inspection. (1) If emergency circumstances exist under which prior application for an administrative search warrant is not feasible without imminent danger to health, welfare or safety of occupants, visitors or the general public, the building official or other city officials may enter the building, structure or enclosed area without consent or a warrant to inspect and verify the nature, severity, and extent of the violation and to abate such conditions giving rise to the imminent danger. (2) Service and execution of an administrative search warrant shall be as provided in N.D.C.C. chapter 29-29.1, provided, however, if the premises appear to be unoccupied or abandoned and the owner or other person in possession or in charge of the property is unknown or not readily available, the building official and other city officials may enter the building, structure or other premises for the purpose of executing an administrative search warrant without prior service on the owner or person in possession of or in charge of the property. In such cases, the building official shall mail copies of the administrative search warrant, affidavit and return filed with the court to the owner of record at the owner’s last known address. (3) This ordinance is adopted pursuant to the City of Minot’s Home Rule Charter. To the extent any provision in this ordinance conflicts with N.D.C.C. chapter 29-29.1 or other state law, such provision in this ordinance shall supersede any state law in conflict with the ordinance. §2: This Ordinance shall become effective upon final passage and approval. PASSED FIRST READING: September 8, 2015 PASSED SECOND READING: ATTEST: APPROVED: ______________________________ ______________________________ Lisa Jundt, City Clerk Chuck Barney, Mayor  ORDINANCE NO. 5012 ANNUAL BUDGET ORDINANCE An ordinance entitled the “Annual Budget Ordinance,” appropriating the sums of money needed to defray the expenses and liabilities of the City of Minot, North Dakota, and making the annual tax levy for the period January 1, 2016, and ending December 31, 2016. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MINOT, NORTH DAKOTA: §1: The City Manager’s budget is hereby approved. §2: The Position Classification and Fiscal Year 2016 Compensation Plan is hereby approved. §3: Total appropriations: Based upon the foregoing, and notwithstanding any prior ordinance to the contrary, (except those relating to the issuance of outstanding revenue bonds), there is hereby appropriated the following sums of money deemed necessary to defray the expenses and liabilities of the City of Minot, North Dakota, for the period beginning January 1, 2016 and ending December 31, 2016: General Fund $ 35,611,247 Enterprise Fund Airport 11,882,622 Cemetery 594,616 Parking Authority 112,169 Sanitation 5,656,411 Water and Sewer 18,577,550 Special Revenue Funds City Bus 1,145,535 Library 1,325,338 Recreation/Auditorium 3,414,140 Emergency Fund 773,245 Capital Project Funds Fire Equipment Purchase 1,084,500 Equipment Purchase 2,455,655 Total Operations 82,633,028  Other Funds Sales Tax 25,664,748 NAWS Reserves 5,335,000 Sidewalk 120,000 Street Improvement 2,900,000 Demolitions 500,000 CDBG-DR - Debt Retirement 5,653,512 Hotel/Motel/Car Rentals 1,760,597 Total Appropriations $ 124,566,885 §4: There is hereby levied upon the taxable property in the City of Minot, North Dakota, for the period beginning January 1, 2016 and ending December 31, 2016 inclusive, the following sums of money: General Fund $ 15,967,165 Airport 99,711 Cemetery 283,539 City Bus 512,278 Library 1,196,719 Recreation 1,447,468 Emergency Levy 773,245 Sidewalk 120,000 Demolitions 500,000 Fire Equipment 179,000 Equipment Purchase 1,424,595 Debt Retirement 948,704 Subtotal 23,452,424 Sales Tax - Property Tax Relief (5,276,832) Total Levy $ 18,175,592 §5: Section 2-48. (a) Of the City of Minot Code of Ordinances are amended, effective January 1, 2016, to read as follows: (a) The city manager shall be entitled to twenty-one (21) days of vacation annually. §6: This ordinance shall become effective upon final passage and approval. PASSED FIRST READING: September 14, 2015 PASSED SECOND READING: APPROVED: Chuck Barney, Mayor ATTEST: Lisa Jundt, City Clerk