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Luverne updates nuisance ordinance for snow, grass

By
Jason Berghorst

Luverne City Council members updated the public nuisance ordinance in response to last winter’s extreme snowfall.
“We heard from many residents last winter about snow and ice needing to be removed from sidewalks,” Luverne City Council member Caroline Thorson said. 
“There were places with a foot or 18 inches of snow or more built up on the sidewalks,” Mayor Pat Baustian said. 
At their Aug. 8 meeting, council members amended current ordinance language for abating snow and grass nuisances.
“This amended ordinance makes the process more efficient and effective,” said Jill Wolf, Luverne City administrator. 
The new ordinance calls for nuisance notices to be posted on the premises, rather than through certified mail, which can take seven to 10 days. The notice can be posted on the premises 24 hours after a snowfall. 
The owner would then have 36 hours after the time the notice is posted to abate the snow or grass nuisance. 
According to Wolf, if the problem isn't solved, city public works staff will remove the snow, clear the ice or mow the grass at the expense of the owner. If the owner doesn’t pay for the expense, it will be assessed through property taxes. 
Council members asked if the owner or renter is responsible for removing the nuisance at rental properties. 
Wolf said the notice will be posted at the property by public works staff and also will be sent to the property owner. 
“Most standard leases have it spelled out who is responsible for snow removal,” said Luverne City Attorney Ben Vander Kooi. “That kind of thing is in the lease, but ultimately it is the responsibility of the property owner.”
Baustian said, “Many other cities have language like this and it’s worked well for them.” 
The updated ordinance was adopted by a unanimous roll call vote. 
“It’s clear something like this needed to be done,” Thorson said. “Hopefully this helps.”

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