Section
General Provisions
91.01 Assessable current services
91.02 Tree diseases
91.03 Clandestine drug lab sites and chemical dump sites
Nuisances
91.15 Definitions
91.16 Nuisances affecting health, safety, comfort or repose
91.17 Nuisances affecting peace and safety
91.18 Public nuisances affecting morals and decency
91.19 Public nuisance unlawful
91.20 Enforcement
91.21 Administrative offenses
91.22 Notice of violation and administrative citation procedure
91.23 Administrative hearing
91.24 Penalties and civil recovery
91.25 City abatement of public nuisances
91.26 Recovery of cost
GENERAL PROVISIONS
(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
CURRENT SERVICE. Shall mean one or more of the following: snow, ice, or rubbish removal from sidewalks; weed elimination from street grass plots adjacent to sidewalks or from private property; removal or elimination of public health or safety hazards from private property, excluding any hazardous building included in M.S. §§ 463.15 through 463.26 as they may be amended from time to time; installation or repair of water service lines; street sprinkling, street flushing, light street oiling, or other dust treatment of streets; repair of sidewalks and alleys; trimming and care of trees and removal of unsound and insect-infected trees from the public streets or private property; and the operation of a street lighting system.
(B) Snow, ice, dirt and rubbish.
(1) Duty of owners and occupants. The owner and the occupant of any property adjacent to a public sidewalk shall use diligence to keep the walk safe for pedestrians. No owner or occupant shall allow snow, ice, dirt or rubbish to remain on the walk longer than 24 hours after its deposit thereon. Failure to comply with this section shall constitute a violation.
(2) Removal by city. The City Clerk-Administrator or other person designated by the City Council may cause removal from all public sidewalks of snow, ice, dirt and rubbish as soon as possible beginning 24 hours after any matter has been deposited thereon or after the snow has ceased to fall. The City Clerk-Administrator or other designated person shall keep a record showing the cost of removal adjacent to each separate lot and parcel.
(C) Public health and safety hazards. When the city removes or eliminates public health or safety hazards from private property under the following provisions of this chapter, the administrative officer responsible for doing the work shall keep a record of the cost of the removal or elimination against each parcel of property affected and annually deliver that information to the City Clerk-Administrator.
(D) Installation and repair of water service lines. Whenever the city installs or repairs water service lines serving private property under Chapter 51 of this code, the City Administrator shall keep a record of the total cost of the installation or repair against the property.
(E) Repair of sidewalks and alleys.
(1) Duty of owner. The owner of any property within the city abutting a public sidewalk or alley shall keep the sidewalk or alley in repair and safe for pedestrians. Repairs shall be made in accordance with the standard specifications approved by the City Council and on file in the Office of the City Clerk-Administrator.
(2) Inspections; notice. The City Council or its designee shall make inspections as are necessary to determine that public sidewalks and alleys within the city are kept in repair and safe for pedestrians or vehicles. If it is found that any sidewalk or alley abutting on private property is unsafe and in need of repairs, the City Council shall cause a notice to be served, by registered or certified mail or by personal service, upon the record owner of the property, ordering the owner to have the sidewalk or alley repaired and made safe within 30 days and stating that if the owner fails to do so, the city will do so and that expense thereof must be paid by the owner, and if unpaid it will be made a special assessment against the property concerned.
(3) Repair by city. If the sidewalk or alley is not repaired within 30 days after receipt of the notice, the City Clerk-Administrator shall report the facts to the City Council and the City Council shall by resolution order the work done by contract in accordance with law. The City Clerk-Administrator shall keep a record of the total cost of the repair attributable to each lot or parcel of property.
(F) Personal liability. The owner of property on which or adjacent to which a current service has been performed shall be personally liable for the cost of the service. As soon as the service has been completed and the cost determined, the City Clerk-Administrator, or other designated official, shall prepare a bill and mail it to the owner and thereupon the amount shall be immediately due and payable at the Office of the City Clerk-Administrator.
(G) Damage to public property. Any person driving any vehicle, equipment, object or contrivance upon any street, road, highway or structure shall be liable for all damages which the surface or structure thereof may sustain as a result of any illegal operation, or driving or moving of the vehicle, equipment or object or contrivance; or as a result of operating, driving or moving any vehicle, equipment, object or contrivance weighing in excess of the maximum weight permitted by statute or this code. When the driver is not the owner of the vehicle, equipment, object or contrivance, but is operating, driving or moving it with the express or implied permission of the owner, then the owner and the driver shall be jointly and severally liable for any such damage. Any person who willfully acts or fails to exercise due care and by that act damages any public property shall be liable for the amount thereof, which amount shall be collectable by action or as a lien under M.S. § 514.67, as it may be amended from time to time.
(H) Assessment. On or before September 1 of each year, the City Clerk-Administrator shall list the total unpaid charges for each type of current service and charges under this section against each separate lot or parcel to which they are attributable under this section. The City Council may then spread the charges against property benefited as a special assessment under the authority of M.S. § 429.101 as it may be amended from time to time and other pertinent statutes for certification to the County Auditor and collected along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may determine in each case.
(Ord. 300, passed 6-7-2022)
(A) Trees constituting nuisance declared. The following are public nuisances whenever they may be found within the city:
(1) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes (Marsh);
(2) Any dead elm tree or part thereof, including branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide;
(3) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus Ceratocystis fagacearum;
(4) Any dead oak tree or part thereof which in the opinion of the designated officer constitutes a hazard, including but not limited to logs, branches, stumps, roots, firewood or other oak material which has not been stripped of its bark and burned or sprayed with an effective fungicide; and
(5) Any other shade tree with an epidemic disease.
(B) Abatement of nuisance. It is unlawful for any person to permit any public nuisance as defined in division (A) of this section to remain on any premises the person owns or controls within the city. The City Council may by resolution order the nuisance abated. Before action is taken on that resolution, the City Council shall publish notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to the affected property owner and published once no less than one week prior to the meeting. The notice shall state the time and place of the meeting, the street affected, action proposed, the estimated cost of the abatement, and the proposed basis of assessment, if any, of costs. At such hearing or adjournment thereof, the City Council shall hear any property owner with reference to the scope and desirability of the proposed modifications as it considers desirable and provide for the doing of the work by day labor or by contract.
(C) Record of costs. The City Clerk-Administrator shall keep a record of the costs of abatement done under this section for all work done for which assessments are to be made, stating and certifying the description of the land, lots, parcels involved, and the amount chargeable to each.
(D) Unpaid charges. On or before September 1 of each year, the City Clerk-Administrator shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this section. The City Council may then spread the charges or any portion thereof against the property involved as a special assessment as authorized by M.S. § 429.101 as it may be amended from time to time and other pertinent statutes for certification to the County Auditor and collected the following year along with the current taxes.
(Ord. 300, passed 6-7-2022)
(A) General provisions.
(1) Purpose and intent. The purpose of this section is to reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals from a suspected clandestine drug lab site or associated dumpsite may exist. The City Council finds that such sites may contain suspected chemicals and residues that place people, particularly children or adults of child bearing age, at risk when exposed through inhabiting or visiting the site, now and in the future.
(2) Interpretation and application.
(a) In their interpretation and application, the provisions of this section shall be construed to protect the public health, safety, and welfare.
(b) Where the conditions imposed by any provision of this section are either more or less restrictive than comparable provisions imposed by any other law, ordinance, statute, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.
(c) Should any court of competent jurisdiction declare any section or division of this section to be invalid, such decision shall not affect the validity of the section as a whole or any part thereof, other than the provision declared invalid.
(3) Fees. Fees for the administration of this section may be established and amended periodically by resolution or ordinance of the City Council.
(4) Definitions. For the purposes of this section, the following terms or words shall be interpreted as follows:
CHEMICAL DUMPSITE. Any place or area where chemicals or other waste materials used in a clandestine drug lab has been located.
CHILD. Any person less than 18 years of age.
CLANDESTINE DRUG LAB. The unlawful manufacture or attempt to manufacture controlled substances.
CLANDESTINE DRUG LAB SITE. Any place or area where law enforcement has determined that conditions associated with the operation of an unlawful clandestine drug lab exist. A clandestine drug lab site may include dwellings, accessory buildings, accessory structures, a chemical dumpsite or any land.
CONTROLLED SUBSTANCE. A drug, substance or immediate precursor in M.S. § 152.02 schedules I through V as it may be amended from time to time. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.
HOUSEHOLD HAZARDOUS WASTES. Waste generated from a clandestine drug lab. Such wastes shall be treated, stored, transported or disposed of in a manner consistent with the Minnesota Department of Health, Minnesota Pollution Control, and Isanti County Health Department rules and regulations.
MANUFACTURE. In places other than a pharmacy, shall mean and include the production, cultivation, quality control, and standardization, by mechanical, physical, chemical or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling, or by other process, of drugs.
OWNER. Any person, firm or corporation who owns, in whole or in part, the land, buildings or structures associated with a clandestine drug lab site or chemical dumpsite.
PUBLIC HEALTH NUISANCE. All dwellings, accessory structures and buildings or adjacent property associated with a clandestine drug lab site are potentially unsafe due to health hazards and are considered a public health nuisance.
(B) Administration.
(1) Law enforcement notice to other authorities. Law enforcement authorities that identify conditions associated with a clandestine drug lab site or chemical dump site that places neighbors, visiting public, or present and future occupants of the dwelling at risk for exposure to harmful contaminants and other associated conditions must promptly notify the appropriate municipal, child protection, and public health authorities of the property location, property owner if known, and conditions found.
(2) Declaration of property as a public health nuisance. If law enforcement determines the existence of a clandestine drug lab site or chemical dumpsite, the property shall be declared a public health nuisance.
(3) Notice of public health nuisance to concerned parties. Upon notification by law enforcement authorities, the City Administrator, or his/her designee, shall promptly issue a declaration of public health notice for the affected property and post a copy of the declaration at the probable entrance to the dwelling or property. The Administrator shall also notify the owner of the property by mail and notify the following parties:
(a) Occupants of the property;
(b) Neighbors at probable risk;
(c) The City of Braham Police Department; and
(d) Other state and local authorities, such as MPCA and MDH, that are known to have public and environmental protection responsibilities that are applicable to the situation.
(4) Property owner's responsibility to act. The City Administrator, or his/her designee, shall also issue an order to abate the public health nuisance, including the following:
(a) Immediately vacate those portions of the property, including building or structure interiors that may place the occupants or visitors at risk;
(b) Promptly contract with appropriate environmental testing and cleaning firms to conduct an on-site assessment, complete clean-up and remediation testing and follow-up testing, and determine that the property risks are sufficiently reduced to allow safe human occupancy of the dwelling. The property owner shall notify the city of actions taken and reach an agreement with the city on the clean-up schedule. The city shall consider practical limitations and the availability of contractors in approving the schedule for cleanup; and
(c) Provide written documentation of the clean-up process, including a signed, written statement that the property is safe for human occupancy and that the cleanup was conducted in accordance with the Minnesota Department of Health guidelines.
(5) Property owner's responsibility for costs. The property owner shall be responsible for all costs of vacation or cleanup of the site, including contractor's fees and public costs for services that were performed in association with a clandestine drug lab site or chemical dumpsite cleanup. Public costs may include, but are not limited to:
(a) Posting of the site;
(b) Notification of the affected parties;
(c) Expenses related to the recovery of costs, including the assessment process;
(d) Laboratory fees;
(e) Clean-up services;
(f) Administrative fees; and
(g) Other associated costs.
(6) Recovery of public costs.
(a) If, after service of notice of the declaration of public health nuisance, the property owner fails to arrange appropriate assessment and clean-up, the City Administrator, or his/her designee, is authorized to proceed in a prompt manner to initiate the on-site assessment and clean-up.
(b) If the city is unable to locate the property owner within ten days of the declaration of public health nuisance, the city is authorized to proceed in a prompt manner to initiate the on-site assessment and clean-up.
(c) The city may abate the nuisance by removing the hazardous structure or building, or otherwise, according to M.S. Chapter 463, as it may be amended from time to time.
(d) If the city abates the public health nuisance, in addition to any other legal remedy, the city shall be entitled to recover all costs plus an additional 25% of the costs for administration. The city may recover costs by civil action against the person or persons who own the property or by assessing such costs as a special assessment against the property in the manner as taxes and special assessments are certified and collected pursuant to M.S. § 429.101, as it may be amended from time to time.
(7) Authority to modify or remove declaration of public health nuisance.
(a) The City Administrator, or his/her designee, is authorized to modify the declaration conditions or remove the declaration of public health nuisance.
(b) Such modifications or removal of the declaration shall only occur after documentation from a qualified environmental or cleaning firm stating that the health and safety risks, including those to neighbors and potential dwelling occupants, are sufficiently abated or corrected to allow safe occupancy of the dwelling.
(C) Violations and penalties. Any person violating any provisions of this section is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in M.S. § 609.02, subd. 3, as it may be amended from time to time.
(Ord. 300, passed 6-7-2022)
NUISANCES
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