Show All Answers

1. What public notice must be provided to amending a zoning ordinance?

No change in a zoning regulation, restriction, or boundary may become effective until after a public hearing at which parties in interest and citizens shall have an opportunity to be heard. Notice of the hearing must be published in the official newspaper once a week for two successive weeks prior to the time set for the hearing. The notice must contain the following items: (1) the time and place of the hearing, (2) a description of any property involved in any zoning change, by street address if streets have been platted or designated in the area affected, (3) a description of the nature, scope, and purpose of the proposed regulation, restriction, or boundary, and (4) a statement of the times at which the proposal will be available to the public for inspection and copying at the office of the city auditor. (NDCC 40-47-04 and 40-47-05)

2. How can we be sure that the proper procedures were used in adopting our old ordinances?

State law provides that three years after the adoption or amendment of a resolution or the enactment or amendment of an ordinance by the governing body of a city, it is conclusively presumed that the resolution or ordinance was adopted, enacted, or amended and published as required by law. (NDCC 40-11-09.1)

3. How many meetings are required for the passage of a city ordinance?

State law requires that all ordinances shall be read twice and the second reading and final passage shall not be had in less than one week after the first reading. After the first reading and before final passage, an ordinance may be amended. (NDCC 40-11-02)

4. How many votes are required to pass an ordinance?

Except as otherwise specifically provided, a majority of all of the members of the governing body must concur in the passage of an ordinance. For example, if five members of a seven-member city governing body were present at a meeting, three votes would be enough to pass some motions, but four votes would be necessary to pass an ordinance. (NDCC 40-11-02)

5. Is any specific form required for a city ordinance?

State law provides that the enacting clause of every ordinance adopted by a city shall be “Be it ordained by the __________ (governing body) of the city of __________. Such caption, however, may be omitted when the ordinances are published in book form. (NDCC 40-11-01)

6. Is it possible to veto an ordinance?

An ordinance adopted by the city council of a city operating under the council form of government is not enacted until it is approved by the mayor or passed over the mayor’s veto. An ordinance not approved by the mayor shall be returned to the council with written objections at the next meeting occurring not less than five days after the original passage. The veto may extend to an entire ordinance or to any one or more items contained in any ordinance making an appropriation. If the mayor fails to return any ordinance with written objections within the time specified in this section, it shall be deemed approved. Any ordinance that has been vetoed in whole or in part may be reconsidered by the city council, and if two-thirds of its members pass such ordinance, it shall be effective notwithstanding the veto. (NDCC 40-11-05)

7. Under what circumstances do we need to publish our city ordinances?

There is a publication requirement for any city ordinance that has a penalty. Ordinances with a penalty are not effective until the title (enough to put the public on notice about the nature of the ordinance) and the penalty clause are published in one issue of the official newspaper of the city. (NDCC 40-11-06) If the city does a revision of their ordinances which is published in pamphlet or book form, the revised ordinances are valid and effective without publication in a newspaper or posting. (NDCC 40-11-09)

8. What can we do to require property owners to remove snow from sidewalks in our city?

First, the city must have an ordinance in place that makes the property owner responsible for the removal of snow and ice from sidewalks. Then, if snow and ice are not removed from sidewalks within the time and in the manner provided by the ordinances of the city, the snow and ice may be removed by the city and the necessary expense thereof shall be chargeable against the abutting property.

Annually, on or before May first, the street commissioner shall file with the city auditor a list showing the amount assessed against each lot and stating the name of the owner of each such lot so far as known. The city auditor shall give notice of the hearing and confirmation of the assessment report of snow and ice removal at the regular June meeting of the city governing body by publishing a notice of the hearing once each week for two consecutive weeks in the official newspaper. The last publication shall be not less than eight days before the date set for the hearing. The governing body shall hear any objection to the snow and ice removal assessment and may make corrections before confirming. The city auditor shall attach to the assessment list a certificate that the list is correct as confirmed by the governing body and shall certify the assessment to the county auditor along with other special assessments before August twentieth of each year. (NDCC 40-29-18, 19, 20)

9. When does a city ordinance become effective?

Ordinances adopted by the city governing body that require publication (the title and penalty clause of every ordinance imposing a penalty shall be published in one issue of the official newspaper of the city) shall take effect after the required publication unless otherwise expressly provided in the ordinance. Ordinances that are not required to be published (no fine or other penalty) shall take effect after the final approval by the governing body unless a different effective date is expressly provided in the ordinance. (NDCC 40-11-07)

10. What is the procedure for referring an ordinance passed by the city governing body to the voters?

The provisions of state law relative to referring city ordinances to the voters apply only in cities operating under the commission or modern council forms of government. (NDCC 40-12-01) Most cities in North Dakota (approximately 90%) operate under the council form of government. In those cities, there are no provisions for referring a city ordinance unless the city has included that power in a home rule charter. In commission or modern council cities, an ordinance that has been adopted by the city governing body may be referred to the voters by a petition protesting against the ordinance. The petition must be signed by qualified electors of the city equal to at least ten percent of the entire vote cast for all candidates for executive officier of the city at the preceding regular city election. (NDCC 40-12-08) A different precentage may be provided for in a home rule charter. The petition shall be presented to the governing body of the city before four p.m. on the tenth day after the ordinance became effective.

11. What can a city governing board do to get property owners to remove snow from sidewalks in the city?

First, the city must have an ordinance in place that makes a property owner responsible for the removal of snow and ice from sidewalks.  Then, if snow and ice are not removed from sidewalks within the time and in the manner provided by the ordinances of the city, the snow and ice may be removed by the city and the necessary expense thereof shall be chargeable against the abutting property.  Annually, on or before May first, the street commissioner shall file with the city auditor a list showing the amount assessed against each lot and stating the name of the owner of each such lot so far as known.  The city auditor shall give notice of the hearing and confirmation of the assessment report of snow and ice removal at the regular June meeting of the city governing body by publishing a notice of the hearing once each week for two consecutive weeks in the official newspaper.   The last publication cannot be not less than eight days before the date set for the hearing.  The governing body shall hear any objection to the snow and ice removal assessment and may make corrections before confirming.  The city auditor shall attach to the assessment list a certificate that the list is correct as confirmed by the governing body and shall certify the assessment to the county auditor along with other special assessments before August twentieth of each year.  (NDCC 40-29-18, 19, 20)