Except as expressly provided in this chapter, words, terms, and phrases used in this chapter have the meanings given to them by this Code. In cases where conflicting definitions of a word, term or phrase make its precise meaning unclear in its application to particular facts, the City Administrator is authorized to resolve the definition. For purposes of this chapter the following terms below have the meanings given them:
ENFORCEMENT OFFICER: A person or employee appointed by the City, such as, code compliance official, chief building official, building inspector, Fire Marshal/inspector, police officer, and health official who may review or conduct code enforcement inspections or enforcement actions for the City.
EXCESSIVE INSPECTION SERVICES: More than four (4) inspections by City staff generated at any one address for existing or new violations of the City Code within a continuous 12-month period.
EXCESSIVE INSPECTION SERVICES FEE: The fee imposed as herein provided to reasonably compensate and defray the costs otherwise borne by the City for its staff time in conducting "excessive inspection services", as defined, not otherwise necessary, but required due to the condition(s) of the property; the lack of compliance of the property to the applicable code(s) or previous inspection orders, or both. The fee being imposed is an administrative fee, with no connection real or implied to any fine, penalty or abatement expense otherwise imposed, levied, or ordered by the City or a court pursuant to any and all other legal remedies available to the City.
EXCESSIVE POLICE AND NUISANCE ENFORCEMENT SERVICES: Those services provided at a specific property address after four (4) or more verified incidents of separate nuisance events had occurred in a prior one hundred eighty-day time period, where notice was provided pursuant to section 4-15-4 of this chapter.
INTERESTED PARTY: Any known lessee or tenant of a building or affected portion of a building; any known agent of an owner, lessee, or tenant; any known person holding an unrecorded contract for deed, being a mortgagee or vendee in physical possession of the building; or any other person who maintains or permits a nuisance and is known to the City.
LAST KNOWN ADDRESS: The address shown by Dakota County Property Records or a more recent address known to the Police Department. In the case of parties not listed in these records, the last known address shall be that address obtained by the Police Department after a reasonable search. If no address can be found, such address shall be that of the property on which the nuisance occurred, was maintained or permitted.
NUISANCE SERVICE CALL: A response to any activity, conduct or condition occurring within the City that unreasonably annoys, injures, or endangers the safety, health, morals, comfort or repose of any member of the public, or will tend to alarm, anger or disturb others. A nuisance service call may include one or more of the following behavioral incidents:
A. Prostitution or prostitution-related activity committed within the building;
B. Gambling or gambling-related activity committed within the building;
C. Maintaining a public nuisance in violation of Minnesota Statutes, section 609.74, (1) or (3);
D. Permitting a public nuisance in violation of Minnesota Statutes, section 609.745;
E. Unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or use of controlled substances committed within the building;
F. Unlicensed sales of alcoholic beverages committed within the building in violation of Minnesota Statutes, section 340A.401;
G. Unlawful sales or gifts of alcoholic beverages by an unlicensed person committed within the building in violation of Minnesota Statutes, section 340A.503, subdivision 2, clause (1), or unlawful consumption or possession within the building by persons under the age of twenty one (21) years in violation of Minnesota Statute, section 340A.503, subdivisions 1 and 3;
H. Unlawful use or possession of a firearm in violation of Minnesota Statutes, section 609.66, subdivision 1a, 609.67, or 624.713, committed within the building;
I. Violation by a commercial enterprise of local or State business licensing regulations, ordinances, or statutes prohibiting the maintenance of a public nuisance as defined in Minnesota Statutes, section 609.74 or the control of a public nuisance as defined in Minnesota Statutes, section 609.745;
J. Actions which constitute a violation of Minnesota Statutes, section 609.72, relating to disorderly conduct; or
K. Actions which constitute a violation of section 5-5-12 of this Code relating to noise regulations;
L. Actions which constitute a public nuisance under local, State, or Federal laws;
M. Violation of title 5, chapter 4 of this Code regarding animal control;
N. Violation of section 5-5-6 of this Code regarding public nuisances.
OWNER: The person or persons who is identified as the property owner of record in the Dakota County Recorder's Office.
REINSPECTION: An enforcement officer has conducted an inspection of the premises, based upon a complaint or otherwise had occasion to view the premises and observed a violation of any provision of the City Code under the jurisdiction of the Fire Marshal, Code Compliance Officer, or Chief Building Official, has issued a written notice of the violation(s), and then re-inspected the premises to determine compliance with the notice and found that the owner or responsible party had not complied with the written correction notice or orders. (Ord. 1366, 2-25-2019)