For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATEMENT NOTICE. Notice served upon property owner and/or interested party by the City Administrator or the Administrator’s 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 § 130.38(C) of this chapter.
ALCOHOLIC BEVERAGE. Any beverage containing more than 0.5% alcohol by volume.
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.
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 3.2% malt liquor in violation of state law or Ch. 112 of this code of ordinances;
(2) The possession or use of gambling devices or the conduct of any gambling 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 defined in this section within a 365-day period.
FALSE REPORT TO PUBLIC OFFICER. A report to any public officer that a violation of 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.
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.
NUISANCE INCIDENT NOTICE. Notice served upon property owner and/or interested party by the City Administrator or the Administrator’s designee of a law enforcement response to a nuisance service call to property in which they have an interest pursuant to § 130.43(A) 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) Unlawful gathering, as defined in this section;
(2) Disorderly conduct, as defined by M.S. § 609.72, as it may be amended from time to time;
(3) 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;
(4) Public nuisance, as defined by § 130.37(B) of this chapter or M.S. §§ 609.74 through 609.745, as they may be amended from time to time;
(5) Noise in violation of § 130.23(A) of this chapter;
(6) Unlawful consumption of alcoholic beverages in violation of Ch. 112 of this code of ordinances;
(7) The unlawful furnishing, sale, use, or possession of intoxicating liquor or 3.2% malt liquor in violation of state law or Ch. 112 of this code of ordinances;
(8) The possession or use of gambling devices or the conduct of any gambling in violation of state law;
(10) 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;
(11) Indecent exposure in violation of M.S. § 617.23, as it may be amended from time to time;
(12) Unlawful use or possession of a firearm in violation of state law or this chapter;
(13) Failure to comply with dangerous dog requirements in violation of Ch. 93 of this code of ordinances or M.S. Ch. 347, as it may be amended from time to time;
(14) Failure to comply with animal noise regulations in violation of Ch. 93 of this code of ordinances;
(15) Failure to restrain a domestic animal in violation of Ch. 93 of this code of ordinances;
(16) Cruelty to animals in violation of Ch. 93 of this code of ordinances;
(17) Illegal possession of a wild animal in violation of Ch. 93 of this code of ordinances;
(18) Unlicensed dog in violation of Ch. 93 of this code of ordinances;
(19) Illegal open burning, in violation of Ch. 92 of this code of ordinances;
(20) Illegal refuse, in violation of Ch. 92 of this code of ordinances;
(21) Illegal litter, in violation of Ch. 130 of this code of ordinances;
(22) Abandoned or junk vehicles, in violation of Ch. 91 of this code of ordinances;
(23) Illegal exterior storage in violation of Ch. 92 of this code of ordinances;
(24) Illegal parking or storage of recreational vehicles in violation of Ch. 73 of this code of ordinances;
(25) Parking or storage of vehicles within a city street right-of-way or in violation of Ch. 72 of this code of ordinances;
(26) False report to public officer in violation of § 130.42 of this chapter;
(27) Rental of a dwelling unit without a license or in violation of the conditions of licensure in violation of this subchapter; and
(28) Illegal home occupation in violation of Ch. 154 of this code of ordinances.
PRIVATE PROPERTY. Any real property the legal ownership of which, as officially recorded by the county, 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 shall not, for the purpose of this chapter, 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 OFFICER. A police officer, Fire Marshal, Chief or Inspector, Animal Control Officer, City Zoning Official, 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.
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 the city code.
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 Ch. 112 of this code of ordinances;
(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 Ch. 113 of this code of ordinances;
(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:
(b) Assaultive behavior;
(c) Unlawful consumption of alcoholic beverages or possession of open containers of alcohol in violation of Ch. 112 of this code of ordinances;
(d) Urinating in public;
(e) Public indecency, as defined in this chapter, or indecent exposure, in violation of M.S. § 617.23, as it may be amended from time to time;
(f) Excessive pedestrian or vehicular traffic and parking problems or congestion; and/or
(g) Harassment of passers-by.
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 the definition for “nuisance service call” defined in this section. 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 under the control 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 ongoing 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.
(2004 Code, § 130.31) (Ord. 09-0521, passed 9-22-2009)