CITY OF COON RAPIDS, MINNESOTA
CHAPTER 8-1000
BOULEVARD ENCROACHMENTS

8-1001 Purpose. It is hereby declared to be the policy of the City of Coon Rapids to promote and provide unrestricted and safe passage within boulevard areas in public rights-of-way while at the same time promoting the betterment of the aesthetic qualities of the community. The Council recognizes that certain encroachments located within the boulevard area will impede the safe and free flow of pedestrian traffic and will cause imminent danger to vehicular traffic, including bicycles, leaving the paved surface area. The Council further recognizes that certain improvements to the boulevard area will neither impede pedestrian traffic nor create imminent danger to vehicular traffic leaving the street. The Council also recognizes that certain encroachments which could constitute an imminent danger to vehicular traffic are permitted within the boulevard area out of necessity. In an attempt to balance these diverse interests, the Council adopts the following regulations.

8-1002 Definitions.

(1) Encroachment. Encroachment shall mean any object, live or inanimate, situated within a public right-of-way, including, but not limited to, posts, trees, bushes, rocks, utility poles and boxes, retaining walls, etc.
(2) Boulevard. Boulevard shall mean that area of a public right-of-way extending from the back of the curb to the right-of-way limit.
(3) Impede. Impede shall mean the interference with pedestrian traffic to an unreasonable degree.
(4) Imminent Danger. Imminent danger shall mean the likelihood of damage to a vehicle or injury to a pedestrian upon contact with the encroachment.

8-1003 Exceptions. The terms and provisions of this Chapter shall not apply to the following:

(1) Trees meeting City requirements as to type and location.
(2) Mailbox or newspaper delivery box stands consisting of a post no larger than four (4) inches by four (4) inches.
(3) Traffic and directional signs.
(4) Utility poles or structures.
(5) Fire hydrants.
(6) Bus shelters or benches.

8-1004 Nuisances. Any encroachment located within a public right-of-way which impedes pedestrian traffic or constitutes imminent danger to vehicular or pedestrian traffic on any boulevard constitutes a public nuisance.

8-1005 Sight Triangles. Encroachments within a sight triangle as defined in City Code Section 11-1825 shall meet the requirements of this Chapter or Section 11-1825, whichever is more restrictive.

8-1006 Maintenance of Boulevard. Except as may be prohibited by this Chapter or other provisions of the City Code, the owner or occupant of property abutting a public right-of-way shall be responsible for the maintenance of the boulevard area adjacent to their property. The owner or occupant shall at a minimum maintain the lawn and trees in the boulevard. Any additional improvements made shall be maintained by the owner or occupant at their own risk and expense. The City shall not be responsible for the maintenance of or liable for injury to or from such improvements and the property owner or occupant agrees to hold the City harmless from any claims arising out of any injury or damage to or from such improvements.

8-1007 Violation. A violation of this Chapter shall constitute a misdemeanor.

8-1008 Enforcement. The Zoning Administrator shall be responsible for the enforcement of the provisions of this Chapter. Upon determining that a violation of the provisions of this Chapter exists, the Zoning Administrator shall, in writing, order the discontinuance of the nuisance and shall order the action necessary to abate such nuisance. Such order shall be served upon the owner and/or occupant of the premises involved, in person or by certified mail. The Zoning Administrator shall give the affected parties a reasonable period of time to abate the nuisance, which time may vary depending upon the nature of the encroachment. The Zoning Administrator may extend the time for compliance upon good cause being shown by the affected party. In no instance shall the time for compliance be less than seven (7) days nor more than six (6) months.

8-1009 Abatement of Nuisances. If no appeal is taken, if an appeal is denied or the order amended, and if the time for compliance or any extension thereof has expired and the nuisance is not abated, the encroachment shall be removed by an employee or agent of the City. The costs of such removal shall be recorded and forwarded to the City Assessor. The costs of removal together with a reasonable administrative charge shall be assessed against the property abutting the boulevard in such manner and at such times as the Council shall determine. The amounts so assessed shall be a perpetual lien upon the property until paid.

8-1010 Appeal. Any party aggrieved by an order of the Zoning Administrator may appeal such decision to the Board of Adjustment and Appeals. The appeal must be taken within seven days after the receipt of a written order from the Zoning Administrator, by the filing of a notice of appeal on forms provided by the Zoning Administrator. Such notice of appeal shall contain the names and signatures of all parties aggrieved and the grounds upon which the appeal is being taken. The matter shall be placed on the agenda for the next regular Board of Adjustment and Appeals meeting. The party appealing shall be advised of the time and place of such meeting. To overrule the City staff personnel, the required vote shall be an affirmative vote of at least two-thirds (2/3) of all members of the Board.

8-1011 Appeal to Council. All decisions of the Board of Adjustment and Appeals shall be subject to appeal to the City Council in the following manner:

(1) Within seven (7) days after the Board of Adjustment and Appeals has made its decision, the Zoning Administrator shall notify the applicant of its decision and of the applicant’s right to appeal. Within seven (7) days thereafter, the applicant, Zoning Administrator, or any person aggrieved by such decision may file with the Zoning Administrator a written request that such decision be appealed to Council.
(2) The Zoning Administrator shall refer the matter to the City Council within ten (10) days of such appeal. The appeal shall be placed on the agenda of the next regular Council meeting. The Zoning Administrator shall notify the appellant of the date, time, and place of such meeting. The appellant may appear in person or with counsel, and present evidence in support of his appeal.
(3) The City Council shall have the authority to affirm, amend, or reject the decision of the Board of Adjustment and Appeals. An amendment to or rejection of the board’s decision shall be adopted by an affirmative vote of at least two-thirds (2/3) of all members of the Council.

8-1012 Paramount Public Use. The City or any of its agents and/or any utility company authorized by law or the City to utilize the boulevard area shall have a paramount right to use of the boulevard area, subject to control by the City. Any improvements, placed in the boulevard by the owner or occupant shall be removed at the owner’s or occupant’s expense if the boulevard area is needed for a paramount use. This shall include, but not be limited to, the installation of new or repair or replacement of existing utilities.