§ 12.03 PROPERTY CONDITIONS CONSTITUTING A PUBLIC NUISANCE OR PUBLIC HEALTH NUISANCE.

   The following property conditions are declared to be nuisances affecting public peace, welfare and safety (“public nuisance” or “public health nuisance”):

   (1)   All snow and ice not removed from public sidewalks within 12 hours after the snow and ice has ceased to be deposited thereon;

   (2)   All limbs of trees, shrubs, bushes, weeds or any other vegetative growth which are less than eight feet above the surface of any public sidewalk, or nine feet above the surface of any street;

   (3)   All electrical wires that are strung less than the minimum required distance above the surface of the ground pursuant to the National Electrical Code requirements;

   (4)   All buildings, walls and other structures which have been damaged by fire, decay or otherwise to an extent exceeding one-half their original value, and which are so situated as to endanger the safety of the public;

   (5)   All explosives, inflammable liquids and other dangerous substances stored in any manner or in any amount contrary to state law, federal law or this code;

   (6)   All use or display of fireworks except as permitted by this code and state law;

   (7)   Noises prohibited under city code §§ 10.29 through 10.32;

   (8)   The allowing of rain water, ice or snow to repeatedly fall from any building or structure upon any street or sidewalk or to flow across any sidewalk;

   (9)   All barbed wire fences except for barbed wire on top of nonresidential fences, where barbed wire is at least six feet above grade;

   (10)   All dangerous unguarded machinery or materials, in any public place , or so situated or operated on private property to attract the public;

   (11)   Any condition that interferes with, obstructs or renders dangerous for passage a public roadway, highway or right-of-way or waters used by the public;

   (12)   The intentional or negligent discharge of items including, but not limited to, refuse, leaves, grass clippings, soils, solvents, antifreeze, oil, gas, fireplace ashes, paint, swimming pool water or cement reinsate into a street, storm sewer system or water resource such as a wetland, creek, pond or lake. This includes illegal discharge or discard of any item on to any land within the city limits;

   (13)   Encroachments onto publicly-owned property , including tax-forfeited property under public control, such as the placement of structures, materials, recreational equipment, lawn chairs, fire pits, the dumping of organic materials, the storing of privately-owned items, the undertaking of activities affecting the physical nature of the property , such as mowing, vegetation removal or the application of fertilizer, pesticides or herbicides without the express, written permission of the city;

   (14)   Uncompleted exterior construction and finishes (including, but not limited to, structures, additions, accessory buildings, siding, fascia work, windows, roofing, driveways, sidewalks, decks, patios, pools and retaining walls) on a single-family or two-family site beyond one year after issuance of a permit or commencement of the construction project, whichever occurs first. A construction project is considered to commence when the first exterior evidence of the project is visible (for example, delivery of materials or removal of soil cover). In the case of demonstrated hardship due to sources beyond the control of the property owner (including, but not limited to, extreme weather conditions; reasonably unforeseen material, equipment or labor shortages; vandalism; or theft), the time allowed for exterior construction and finishes may be extended at the sole discretion of the Manager of Building and Inspection upon written appeal filed as soon as the need for an extension becomes known;

   (15)   Construction materials and equipment (including, but not limited to, piles of dirt, rock, landscaping materials, sod, scaffolding, forms, dumpsters, portable toilets, debris and construction trailers) left in the open:

      (A)   On a single-family or two-family residential site beyond 180 days after authorized work has stopped or one year from commencement of authorized work. A construction project is considered to commence when the first exterior evidence of the project is visible (for example, delivery of materials or removal of soil cover);

      (B)   On a multi-family residential site or on a nonresidential site beyond 180 days after authorized work has stopped or 180 days after the issuance of the first temporary or permanent certificate of occupancy, whichever occurs first;

      (C)   Except that in the case of demonstrated hardship due to sources beyond the control of the property owner (including, but not limited to, extreme weather conditions; reasonably unforeseen material, equipment or labor shortages; vandalism; or theft), the time allowed for exterior construction and finishes may be extended at the sole discretion of the Manager of Building and Inspection upon written appeal, pursuant to §§ 15.201 or 15.202 of the city code; and

      (D)   All city, county or State Department of Transportation roadway and utility construction and maintenance projects, and maintenance projects on city owned property with temporary stockpiling of materials are exempt.

   (16)   Discarded construction material or other litter at a construction site that is not placed in an adequate waste container or that is allowed to blow around or off the site;

   (17)   Buildings, fences and other structures that have been so poorly maintained that their physical condition and appearance detract from the surrounding neighborhood are declared to be public nuisances because they are unsightly, decrease adjoining landowners’ and occupants’ enjoyment of their property and neighborhood, and adversely affect property values and neighborhood patterns. Standards to be considered in this determination shall include:

      (A)   All exterior walls shall be free from holes, breaks and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration;

      (B)   All exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors and skylights shall be maintained weather resistant and water-tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement;

      (C)   Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. All glazing materials shall be maintained free from cracks and holes;

      (D)   All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door;

      (E)   All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition;

      (F)   The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water may not be discharged in a manner that creates a public nuisance;

      (G)   All chimneys, cooling towers, smoke stacks and similar appurtenances shall be maintained structurally sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment; and

      (H)   All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.

   (18)   A clandestine lab site under M.S. Section 152.0275;

   (19)   Improper sewage disposal to such degree that sewage or effluent is discharging onto the surface of the ground, backing up into a structure or discharging into a body of water;

   (20)   An unsecured hole or opening caused by improperly abandoned cistern, well pit, unused or non-maintained swimming pool, foundation, mine shaft or tunnel, or any other hole or opening in the ground of sufficient size or depth to pose a danger to the public or an attractive nuisance;

   (21)   All uncontained refuse shall be kept in an enclosed building and accumulations of garbage shall be properly contained in a closed, insect and rodent proof container designed or reasonably adapted for such purpose, except for the 12 hours immediately preceding pick-up by a refuse hauler. These requirements do not apply to dumpsters used for construction debris, or refuse as part of an active project or clean up of that property ;

   (22)   Accumulation of carcasses of animals, birds or fish by failing to bury or otherwise dispose of in a sanitary manner within 24 hours after death. This provision shall not apply if the animals, birds or fish are intended for human consumption;

   (23)   Accumulation of decaying animal or plant material, animal or human feces, trash, refuse, yard waste, rubbish, garbage, litter, rotting lumber, packing material, scrap metal, tires or any other substances in which flies, mosquitoes, other disease carrying insects, rodents or other vermin can harbor; this definition does not include compost bins or compost sites which are being managed in accordance with the standards in § 10.05 of this city code;

   (24)   Accumulations of animal feces, rubbish or junk remaining in any place as to become dangerous or injurious to the health and safety of any individual or to the public;

   (25)   Accumulations of personal property , rubbish or debris in any residence to such an extent preventing emergency egress;

   (26)   Any structure that has become dangerous for further occupancy because of structural or sanitary defects or grossly unsanitary conditions;

   (27)   Infestations of flies, fleas, cockroaches, lice, rats, mice, fly larvae or hookworm larvae;

   (28)   Unnatural breeding grounds which support mosquito larvae and mosquitoes carrying West Nile virus, La Crosse encephalitis virus or any other disease causing microorganism;

   (29)   At single-family and two-family dwelling units, the parking or storage of more than four vehicles per unit outside of a garage or on the street. Counting of vehicles: vehicles temporarily parked at the residence for visitation or business service reasons, Class I recreational vehicles as defined in § 21.301.13 of this code, or any vehicle parked or stored within a garage shall not be counted for the purposes of this numerical limitations. All other vehicles, whether screened or not, including abandoned vehicles, junk vehicles, inoperable vehicles as defined in § 8.04 of this code shall be counted as vehicles for purposes of determining the number of vehicles parked or stored outside of a garage or on the street. Nothing in this section shall be interpreted as permitting the storage of vehicles if such storage is not otherwise permitted by this code. Only one vehicle per unit may be a vehicle with a snowplow attached or other Type II vehicle. Type II vehicles will be counted as a vehicle for the purposes of this section.

   (30)   Outdoor burners of fuel, including, but not limited to, wood, trash, corn, pellets and biomass, that are detached from or exterior to a principal building and intended for use as a water or space heating source are considered to produce excessive smoke and therefore prohibited;

   (31)   The ground feeding of wild animals prohibited under city code § 12.122;

   (32)   Excess number of domestic animals, chickens, farm poultry or farm animals in violation of §§ 12.101, 12.115 or 12.116;

   (33)   Failure to locate or maintain animal shelter or enclosure in violation of § 12.104, 12.115 or 12.116;

   (34)   Grading, filling, excavating, storing, stockpiling, or disposing of earth material or performing other land disturbing or land filling activity without first implementing approved measures to prevent or control erosion affecting neighboring properties, drainage, or water resources;

   (35)   Failure to adequately maintain stormwater best management practices that function as part of a permanent stormwater management facility; and

   (36)   Abandoned or unlawful signs, as defined in § 21.304.07.

(1958 Code, § 162.01) (Ord. 168, passed 1-8-1952; recodified by Ord. 98-53, passed 11-16-1998; Ord. 99-14, passed 7-6-1999; Ord. 2006-13, passed 4-17-2006; Ord. 2006-54, passed 12-18-2006; Ord. 2007-21, passed 6-25-2007; Ord. 2008-43, passed 12-1-2008; Ord. 2009-2, passed 2-2-2009; Ord. 2009-4, passed 2-2-2009; Ord. 2010-28, passed 11-1-2010; Ord. 2012-2, passed 1-23-2012; Ord. 2013-6, passed 3-18-2013; Ord. 2013-9, passed 4-1-2013; Ord. 2014-14, passed 10-13-2014; Ord. 2015-28, passed 11-2-2015; Ord. 2016-24, passed 10-24-2016; Ord. 2017-9, passed 5-1-2017; Ord. 2019-50, passed 12-16-2019; Ord. 2024-4, passed 2-26-2024)