(A) Generally. A public nuisance is a thing, act, occupation, condition, or use of property which shall continue for such length of time to:
(1) Unreasonably annoy, injure, or endanger the safety, health, morals, comfort, or repose of any considerable number of members of the public; or
(2) Interfere with, obstruct, or render dangerous for passage any public highway or right-of-way, or waters used by the public; or
(3) Greatly offend the public morals or decency; or
(4) In any way renders the public insecure in life or in the use of property.
(B) Public nuisances affecting health. The following are hereby declared to be public nuisances affecting health but shall not be construed to exclude other public health nuisances coming within the definition of division (A) above:
(1) Exposed accumulation of decayed or unwholesome food or vegetable matter; or
(2) All diseased animals running at large; or
(3) All ponds or pools of stagnant water; or
(4) Carcasses of animals not buried or destroyed within 24 hours after death; or
(5) Accumulations of decaying animal or vegetable matter, trash, manure, refuse, rotting lumber, bedding, packing material, scrap metal, or other debris; or
(6) Privy vaults and garbage cans which are not rodent-free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors; or
(7) The pollution of any public well or cistern, stream or lake, canal, or body of water by sewage, industrial waste, or other substances; or
(8) Any weeds or grasses, whether or not noxious as defined by state law, growing to a height greater than 12 inches, or which have gone or are about to go to seed, regardless of height; or
(9) Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities; or
(10) All public exposure of people having a contagious disease.
(C) Public nuisances offending morals and decency. The following are hereby declared to be public nuisances offending morals and decency but shall not be construed to exclude nuisances offending morals and decency coming within the definition of division (A) of this section:
(1) Any trade, occupation, commercial activity, or business as defined by statute not operating under local license; or
(2) All bawdy houses, houses of ill fame, gambling houses and buildings, or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse, or gambling; or
(3) All illegal gambling devices and slot machines; or
(4) All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured, or rectified without a permit or license as provided for by the city or by state laws;
(5) Any place or premises where the ordinances or state laws relating to public health, safety, peace, morals, or welfare are openly, continuously, repeatedly, and intentionally violated; or
(6) Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of the laws of the state or other ordinances of the city.
(D) Public nuisances affecting peace and safety. The following are hereby declared to be public nuisances affecting peace and safety but shall not be construed to exclude other nuisances affecting peace and safety coming within the definition of division (A) of this section:
(1) All unnecessary and annoying vibrations; or
(2) All obnoxious noises in violation of Minn. Rules Chapter 7030, as they may be amended from time to time which are hereby incorporated by reference into this section; or
(3) Depositing of snow on streets as referenced in § 91.036 or the depositing of snow on someone else's property without their permission; or
(4) Solid waste and recycling totes placed in the right-of-way prior to 6:00 p.m. the night before collection and containers that are not removed before 8:00 p.m. the day of collection; or
(5) All buildings erected, repaired, or altered within the fire limits of the city in violation of the provisions of the ordinances of the city relating to materials and manner of construction of buildings and structures within said district; or
(6) All unauthorized signs, signals, markings, or devices which purport to be or may be mistaken as official traffic-control devices places or maintained upon or in view of any public highway or railway crossing; or
(7) All fences, walls, shrubbery, or other obstructions to vision above 30 inches from the established street grades within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines at a distance along each line of 25 feet from their point of intersection; or
(8) All limbs of trees or shrubs which project over a public right-of-way or street at less than 12 feet or over a public sidewalk, park, or playground at less than eight feet; or
(9) All use or display of fireworks except as provided by the laws of the state or ordinances of the city; or
(10) All buildings or structures which are potentially hazardous to persons or property, including but not limited to a structure which is in danger of partial or complete collapse, a structure with any exterior parts which are broken, loose, or in danger of falling, or a structure with any parts such as floors, porches, railings, stairs, ramps, balconies, or roofs which are accessible and which are either collapsed, in danger of collapsing, or unable to support the weight of normally imposed loads; or
(11) All wires over streets, alleys, or public grounds which are strung less than 15 feet above the surface of the street or ground; or
(12) All obstructions of streets, alleys, sidewalks, or crosswalks and all excavations in or under the same, except as permitted by ordinance; or
(13) All open and unguarded pits, wells, excavations, or unused basements freely accessible from any public street, alley, or sidewalk; or
(14) All abandoned refrigerators or iceboxes from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside by pushing only;
(15) Any unauthorized or unlawful use of property abutting on a public street, alley, or sidewalk, or of a public street, alley, or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks; or
(16) Any abandoned above or underground tank whose capacity exceeds 1,100 gallons; or
(17) Repeated or continuous violations of the ordinances of the city or laws of the state; or
(18) Unoccupied buildings or unoccupied portions of buildings which are unsecured, including those with broken or missing windows or doors; or
(19) A vacant building or portion of a vacant building which has multiple housing code or building code violations or has been ordered vacated by the city or which has a documented and confirmed history as a blighting influence on the community.
(E) Other public nuisances. It is hereby determined that dilapidated fences and the storage or accumulation of trash, rubbish, junk, refuse, inoperable vehicles, building materials, and demolition materials upon any private property within the city tends to result in blighted and deteriorated neighborhoods, the spread of vermin and disease, and is contrary to the public peace, health, safety, and general welfare of the community.
(1) Definitions. For purposes of this division (E) and this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
BUILDING MATERIALS. Shall include, without limitation, lumber, bricks, concrete, cinder blocks, plumbing materials, electric wiring or equipment, heating ducks or equipment, shingles, mortar, concrete or cement, nails, screws, or any other materials used in constructing any structure.
DEMOLITION MATERIALS. Shall include, without limitation, debris resulting from the demolition of buildings, such as concrete, stone, plaster, bricks, concrete blocks, and other materials that are a result of the demolition and construction operations.
DILAPIDATED FENCES. Any fence, in whole or in part, which has fallen on the ground, or because of decay or disrepair has deteriorated to such an extent that it presents a danger of imminent collapse on its own, or as a result of normal weather conditions.
INOPERABLE VEHICLES. Shall include, without limitation, any vehicle for which, for a period of at least seven days, the engine, transmission, wheels, or other parts have been removed, or on which the engine, wheels, transmission, or other parts have been altered, damaged, or otherwise treated so that the vehicle is incapable of being driven under its own power, or any vehicle which does not display current license plates or have proof of current registration if license and registration are required by law for the vehicle to travel on public roads in the State of Minnesota.
JUNK. Shall include, without limitation, parts of machinery or motor vehicles, unused furniture, furniture which is manufactured and intended to be used exclusively indoors but is kept outdoors, stoves, refrigerators or other appliances, remnants of wood, metal, or any other cast off material of any kind, whether or not the same could be put to any reasonable use.
REFUSE. Shall include, without limitation, putrescible and non-putrescible and combustible and noncombustible waste, including paper, garbage, material resulting from the handling, processing, storage, preparation, serving, and consumption of food, vegetable or animal matter, offal, plant wastes such as tree trimmings or grass cuttings, ashes or incinerator residue, street cleanings, detached vehicle parts, furniture, or solid industrial and market wastes.
TRASH AND RUBBISH. Shall include any and all forms of debris not herein otherwise classified.
(2) Unlawful to accumulate junk, refuse, inoperable vehicles, trash, and rubbish. It shall be a nuisance and an offense for any person to store or permit the storage of accumulation of junk, refuse, inoperable vehicles, trash, or rubbish on any private property within the city, except within a completely enclosed building or upon the business premises of a properly zoned business and which materials which would otherwise constitute junk, refuse, inoperable vehicles, trash, or rubbish as materials that are used in the ordinary course of that business.
(3) Unlawful to dismantle automobiles or machinery; exception. It shall be a nuisance and an offense for any person to dismantle, cut up, remove parts from, or otherwise disassemble an automobile, whether or not the same be a junk automobile, abandoned vehicle, or otherwise, or any appliance or machinery, or store such parts, except in a completely enclosed building or upon the business premises of a properly zoned business and which disassembling and storing of parts are done in the ordinary course of that business.
(4) Unlawful to store spoil piles of fill, excavations, building materials or demolition materials; exception. It shall be a nuisance and an offense for any person to store or permit the storage or accumulation of spoil piles of fill, excavations, building materials or demolition materials on any private property, except in a completely enclosed building or except where such materials are part of the stock and trade of a business located on said property, or except when such materials are being used in the construction of a structure on the property in accordance with a valid building permit issued by the city, and unless that construction is completed within a reasonable period of time.
(5) Unlawful to permit dilapidated fences. It shall be a nuisance and offense for any person to allow or permit a dilapidated fence on their property.
(F) State defined nuisances. Any nuisance so defined by applicable Minnesota Statutes or by the common law of the state is also a public nuisance under this chapter.
(G) Dangerous structure. It shall be a nuisance and offense for any person to allow or permit a structure on their property which is potentially hazardous to persons or property including, but not limited to:
(1) A structure which is in danger of partial or complete collapse;
(2) A structure with any exterior parts which are broken, loose, or in danger of falling;
(3) A structure with any parts such as floors, porches, railings, stairs, ramps, balconies, or roofs which are accessible and which are either collapsed, in danger of collapsing, or unable to support the weight of normally imposed loads;
(4) Fire hazards: any thing or condition on the property which, in the opinion of the enforcement officer, creates a fire hazard or which is a violation of the Fire Code;
(5) Hazards: any thing or conditions on the property which in the opinion of the enforcement officer, may contribute to injury of any person present on the property, which shall include but not be limited to, open holes, open foundations, open wells, dangerous trees or limbs, or abandoned appliances;
(6) Health hazards: any thing or condition on the property which, in the opinion of the enforcement officer, creates a health hazard or which is a violation of any health or sanitation law;
(7) Insects, rodents, or pest harborage: conditions which are conducive to the presence, harborage, or breeding of insects, rodents, or other pests.
(8) Nuisance building: a vacant building or portion of a vacant building which has multiple Housing Code or Building Code violations or has been ordered vacated by the city or which has a documented and confirmed history as a blighting influence on the community;
(9) Sight triangle obstructions: a fence, wall, shrubbery, or other obstruction to vision above a height of 30 inches from the established street grades within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines at a distance along each line of 25 feet from their point of intersection; or
(10) Unsecured unoccupied buildings: unoccupied buildings or unoccupied portions of buildings which are unsecured. Owners may be required to replace coverings over broken or missing windows or doors with the appropriately sized windows or doors.
(Ord. 19-06, passed 7-8-2019; Ord. 21-08, passed 11-8-2021; Ord. 22-07, passed 9-26-2022) Penalty, see §
94.999