For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED PROPERTY. Deteriorated, wrecked or derelict property in unusable condition, which has no apparent value other that nominal scrap or junk value, if any, and which has been left unprotected from the elements, and shall include, without being so restricted, deteriorated, wrecked, inoperative or partially dismantled motor vehicles, trailers, boats, machinery, household appliances, furniture, cut trees, branches, building materials, general rubbish, tools, benches or any other similar articles in such condition.
ABATEMENT NOTICE. Notice served upon property owner and/or interested party by the City Administrator or designee of law enforcement responses to two or more nuisance service calls within a 365-day period on property in which they have an interest pursuant to § 130.13 of this chapter.
ADMINISTRATOR. The City Administrator.
ALCOHOLIC BEVERAGE. Any beverage containing more than 0.5% alcohol by volume.
APPROVED. Acceptable to the health authority following the determination as to compliance with established public health practices and standards.
CLANDESTINE LAB SITE. Any structure of conveyance or outdoor location occupied or affected by conditions or chemicals typically associated with the manufacture of methamphetamine or any other unlawful manufacture of a controlled substance.
COMPOST. Product of biological decomposition of organic matter accomplished by mixing and piling. COMPOST also means physical structure in which the composting process takes place. Plant material outside of such structure and unmaintained is not compost.
DISORDERLY HOUSE. Any residential property which due to the following nuisance conduct, events, characteristics or conditions is likely to disturb, injure or endanger the peace, comforts, health, welfare, safety or character of the neighborhood or community:
(1) The unlawful sale, furnishing, use or possession of intoxicating liquor or non-intoxicating malt liquor in violation of state law;
(2) The possession or use of gambling devices or the conduct of any gambling in violation of state law;
(3) Prostitution in violation of state law or acts relating to prostitution, or the conduct of unlicensed escort services, sexually-oriented business or massage or massage services, in violation of state law;
(4) The unlawful sale, use or possession of controlled substances as defined in M.S. § 152.02, as it may be amended from time to time; or
(5) Three or more verified incidents or unlawful gatherings, as set forth herein within a 365-day period.
DUMPSTER. Four-sided steel container designated for temporary storage of refuse.
ENFORCEMENT OFFICER. Police officer, Building Inspector or member of city staff authorized by the city to enforce the provisions of this chapter.
FALSE REPORT TO PUBLIC OFFICER. A report to any public officer that a violation of the city code or state law has been committed, knowing that the conduct or conditions reported do not constitute a crime or that the report is false and intending that the public officer act in reliance upon the report.
GARBAGE. All putrescible animal, vegetable or other matter that attends the preparation, consumption, display, dealing in or storage of meat, fish, fowl, birds, fruit or vegetables, including the cans, containers or wrappers wasted along with such materials.
HEALTH AUTHORITY. The environmental health specialist or designated official public health sanitarian.
INCIDENT. Single behavioral incident as defined by M.S. § 609.035, as it may be amended from time to time. In the case of property conditions or characteristics constituting a nuisance, a single behavioral INCIDENT constitutes those violations, the existence of which is the result of a single illegal objective or coincident errors of judgment.
INTERESTED PARTY. Any known lessee or tenant of the residential property or affected portion of the residential property; any known agent of an owner, lessee or tenant; any known mortgage holder or holder of any secured interest in the residential property; any known person holding an unrecorded contract for deed; being a mortgagee or vendee in physical possession of the residential property; insurer of the property; or any other person who maintains or permits a nuisance on the residential property and is known to the city.
NUDITY. The showing of the human male or female genitals, pubic regions, buttocks, anuses or female breasts below a point immediately above the top of the areola.
NUISANCE INCIDENT NOTICE. Notice served upon property owner and/or interested party by the City Administrator or designee of a law enforcement response to a nuisance service call to property in which they have an interest pursuant to § 130.13 of this chapter.
NUISANCE SERVICE CALL. Public officer response to a verified incident of any activity, conduct or condition occurring on private property that is likely to unreasonably interfere with the quiet enjoyment of neighboring properties or the safety, health, morals, welfare, comfort or repose of the residents therein, including without limitation:
(1) Disorderly conduct, as defined by M.S. § 609.72, as it may be amended from time to time;
(2) Assault, as defined by M.S. §§ 609.221, 609.222, 609.223, 609.2231 and 609.224, as they may be amended from time to time, excluding domestic assaults;
(3) Public nuisance, as defined by M.S. §§ 609.74 through 609.745, as they may be amended from time to time;
(4) Noise;
(5) Unlawful consumption of alcoholic beverages;
(6) The unlawful furnishing, sale, use or possession of intoxicating liquor or non-intoxicating malt liquor in violation of state law;
(7) The possession or use of gambling devices or the conduct of any gambling in violation of state law;
(8) Prostitution in violation of state law or acts relating to prostitution, or the conduct of unlicensed escort services, sexually-oriented business or massage or massage services, in violation of state law;
(9) The unlawful sale, use or possession of controlled substances as defined in M.S. § 152.02, as it may be amended from time to time;
(10) Indecent exposure in violation of M.S. § 617.23, as it may be amended from time to time;
(11) Unlawful use or possession of a firearm in violation of state law;
(12) Failure to comply with dangerous dog requirements in violation of M.S. Ch. 347, as it may be amended from time to time;
(13) Failure to comply with animal noise regulations;
(14) Failure to restrain a domestic animal;
(15) Cruelty to animals;
(16) Excess number of domestic animals;
(17) Illegal possession of a wild animal;
(18) Unlicensed dog;
(19) Illegal open burning;
(20) Illegal refuse;
(21) Illegal litter;
(22) Abandoned or junk vehicles, as defined by statute;
(23) Illegal exterior storage;
(24) Illegal parking or storage of recreational vehicles;
(25) Illegal parking or storage of vehicles;
(26) False report to public officer; and
(27) Illegal home occupation.
OWNER. Any person, firm, corporation, or other partnership or organization who alone, jointly, or severally with others may be in ownership of, or have charge, care, or control of, any premises or business within the city as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder.
PESTS. Any insects, vermin, rodents, birds or any other living agent capable of reproducing itself that causes or may potentially cause harm to the public health or significant economic damage.
PRIVATE PROPERTY. Any real property, the legal ownership of which, as officially recorded by Hennepin or Wright Counties, is held by one or more natural persons, a partnership, including a limited partnership, a corporation, including a foreign, domestic or non-profit corporation, a trust or any other organization, but not including the state or any of its political subdivisions, the federal government or any other governmental agency or entity. The existence of any public easement, right-of-way or other limited right of access on the property not, for the purpose of this chapter, shall be deemed to transform private property to public property.
PROPERTY. A parcel or contiguous parcels of real property, including buildings and other structures thereon owned by the same legal entity and under common management. In the case of multi-unit residential or commercial property, the term shall apply to the entire complex.
PUBLIC HEALTH NUISANCE. Any activity or failure to act that adversely affects the public health.
PUBLIC OFFICER. A police officer, fire marshal or inspector, animal control officer, building inspector or environmental health inspector, each of whom, for the purposes of this chapter, shall be considered law enforcement officers.
PUBLIC PLACE. An area generally visible to public view, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and buildings open to the general public, including those buildings in which food or drink is served or entertainment or lodging is provided.
RECYCLING. The process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use.
RECYCLABLE MATERIALS. Materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, automobile oil and batteries. Refuse-derived fuel or other material that is destroyed by incineration is not a recyclable material.
REFUSE. All putrescible and non-putrescible solid waste (except body waste) including, but not limited to, garbage, rubbish, ashes, street cleanings, abandoned automobiles, automobile parts, tires, demolition and construction debris, and market and industrial solid waste.
REFUSE ENCLOSURE. An enclosure capable of containing all refuse and garbage stored by an establishment between pickups. All refuse enclosure construction plans shall be approved by the Building Official.
REFUSE ENCLOSURE: FOOD SERVICE. An enclosure constructed for sanitary temporary storage of refuse generated by food establishments. Food service refuse enclosure construction plans shall be approved by the health authority.
RESIDENTIAL PROPERTY. Any real property containing a structure suitable for affording shelter for human beings, including any appurtenant or connected structure, including trailers, mobile homes, multiple-family dwellings, buildings containing multiple dwelling units and any property situated within a residential zoning district, as defined by this city code.
RUBBISH. Non-putrescible solid wastes such as wood, leaves, trimmings from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, wooden waste, printed matter, paper, paper board, paste board, grass, rags, straw, boots, shoes, hats and all other combustibles not included under the term garbage.
SWILL. Garbage which is wholly or nearly edible and usable as a food and has food value for animals or fowl, accumulating from animal, vegetable, or other matter wasted from clubs, hotels, hospitals, restaurants, and public eating places.
UNLAWFUL GATHERING. Any party or gathering where there is any of the following conduct or behavior:
(1) The unlawful sale, furnishing, use or possession of intoxicating liquor or 3.2% malt liquor in violation of state law and this code;
(2) The unlawful sale, use or possession of controlled substances, as defined in M.S. § 152.02, as it may be amended from time to time;
(3) The unlawful sale, use or possession of tobacco-related products in violation of state law or this city code;
(4) Any conduct, activity or condition constituting a violation of state laws or this city code prohibiting or regulating prostitution, gambling, firearms, disorderly conduct, public nuisance or permitting a public nuisance; and/or
(5) Any conduct or activities likely to disturb non-participating persons by:
(a) Noise of sufficient volume, or of such nature by virtue of its type, persistence, time of day or location, to disturb the peace, quiet or repose of non-participating persons nearby in the manner and according to the standards set forth in § 130.08 of this chapter;
(b) Assaultive behavior;
(c) Unlawful consumption of alcoholic beverages in violation of this code;
(d) Urinating in public;
(e) Public indecency, as defined in § 130.13 of this chapter, or indecent exposure in violation of M.S. § 617.23, as it may be amended from time to time; and/or
(f) Excessive pedestrian or vehicular traffic and parking problems or congestion.
VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon a thoroughfare including devices used exclusively upon stationary rails or tracks.
VERIFIED INCIDENT. An incident where there is a law enforcement response and a public officer, having completed a timely investigation, is able to find evidence of nuisance conduct, conditions or characteristics as set forth in this city code. It shall not be necessary that criminal charges be brought or convictions obtained relative to the incident. Multiple offenses verified during a single response shall count as one response for the purpose of imposing an excessive nuisance call service fee. VERIFIED INCIDENTS shall be attributable separately to the source of the nuisance conduct, condition or activity, as follows:
(1) The same tenant or lessee or persons acting in conjunction with, or with the acquiescence of, or under the control of, the same tenant or lessee;
(2) The same rental unit while occupied by the same tenant or lessee or within two or more rental units by the same tenant or lessee; and
(3) The property owner or persons acting in conjunction with or under the control of the property owner who either actively participated in the creation of the nuisance conduct, condition or characteristic or who knew or should have known of the on-going nuisance conduct, condition or characteristic and failed to take reasonable steps to abate it.
VERIFIED INCIDENT FOLLOW-UP. Where there has been a prior verified incident of property conditions or characteristics constituting a nuisance, each subsequent response to those same conditions or characteristics initiated by the city as follow-up during a course of remediation shall not constitute an additional verified incident unless additional nuisance conditions or characteristics constituting additional incidents are found to exist.
WASTE MATTER. Non-putrescible solid waste such as soil, earth, sand, clay, gravel, loam, stone, brick, plaster, crockery, glass, glassware, ashes, cinders, shells, metal and all other noncombustible material which has been or is to be discarded.
(Ord. 2009-13, passed 7-14-2009; Ord. 2015-02, passed 2-25-2015)