5-9-2: DEFINITIONS:
For purposes of this chapter, the terms defined below have the following meanings:
ABATE OR ABATEMENT: The removal, stoppage, extermination, eradication, cleaning, cutting, mowing, grading, repairing, draining, securing, barricading, fencing, demolishing or destroying that which causes or constitutes a public nuisance on property.
BUILDING: Any structure, temporary or permanent, used or intended for supporting or sheltering any use or occupancy. A building includes a shed.
COMPOST REGULATIONS: See the provisions of section 8-6-6 of this code.
ENFORCEMENT OFFICER: Any employee or agent enumerated in section 1-4-4 of this code, or any person charged by the council with the responsibility of code enforcement.
FENCING REGULATIONS: See the provisions of section 10-15-12 of this code.
GARAGE SALE: Shall mean and include all sales entitled "garage sale", "lawn sale", "boutique sale", or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of the sale.
INOPERABLE CONDITION: The vehicle has no substantial potential use consistent with its usual function, and includes a vehicle that: a) has a missing or defective part that is necessary for the normal operation of the vehicle, b) is stored on blocks, jacks, or other supports, or c) is not properly licensed for operation within the state of Minnesota.
JUNK: Any worn out, dilapidated, or discarded material, equipment, household furnishings, old machinery, appliances, products, refuse, or apparatus that are no longer used for the purposes for which they were manufactured, intended, designed or made, including, but not limited to, household appliances or building materials, cans, glass, furniture, mattresses, box springs, crates, cardboard, tires or any other debris. This definition does not include materials that are used as: a) lawn ornaments; b) landscape decorations; or c) other decorations and paraphernalia placed within a garden.
JUNK VEHICLE: Any motor vehicle that is in an inoperable condition, that is partially dismantled, that is used for sale of parts or as a source of repair or replacement parts for other vehicles, or that is kept for scrapping, dismantling, or salvage of any kind, unless the vehicle is kept in an enclosed garage or storage building. A junk vehicle is also an abandoned vehicle. Motor vehicle has the meaning given in Minnesota statutes section 169.011.
MIXED MUNICIPAL SOLID WASTE DISPOSAL REGULATIONS: See the provisions of section 8-6-5 of this Code.
OWNER: Any person shown to be the property owner according to the land records of the Dakota County Recorder's Office.
PROPERTY: Any real property, premises, lot, parcel or location.
PUBLIC NUISANCES ON PROPERTY: The following are declared to be public nuisances on property affecting public peace, safety, and general welfare:
   A.    Violations of this chapter.
   B.    Interfering with, obstructing or rendering dangerous for passage a public highway or right- of-way.
   C.    Piling, storing or keeping of old machinery, junk, junk vehicles, furniture, household furnishings, or appliances or component parts of them or other debris on property outside of a building.
   D.    Any substance, matter, or thing that creates an unsafe or unhealthy condition on property outside of a building or that threatens the public health or safety on property outside of a building.
   E.    Any substance, matter, or thing that creates an unsafe or unhealthy condition and is found upon or is being discharged or is flowing from property and is outside of a building or that threatens the public health or safety and is found upon or is being discharged or is flowing from property and is outside of a building.
   F.    Violations of the fencing regulations (section 10-15-12 of this Code).
   G.    Violations of the mixed Municipal solid waste disposal regulations (section 8-6-5 of this Code).
   H.    Violations of the compost regulations (section 8-6-6 of this Code).
   I.    Violations of the sidewalk regulations (section 7-1-2 of this Code).
   J.    Digging, excavating, or doing any act that alters or affects the drainage of property or alters or affects flows of the public storm sewer and drainage ditch system, except in accordance with the regulations of the City.
   K.    Noises, odors, vibrations or emissions of smoke, fumes, gas, soot, cinders, ash or otherwise that exceed the standards of the Minnesota Pollution Control Agency.
   L.    Permitting, suffering, maintaining, or failing to remove any unsanitary, unsafe, dangerous or unhealthy condition outside of a building or shed on the property resulting from a failure to properly dispose of garbage, sewage, waste, debris or any other unwholesome or offensive substance, liquid, or thing upon property, or dropping, discharging, depositing or otherwise delivering the same upon the property of another or public property.
   M.    Any fence, dock, deck, tree, pole, excavation, hole, pit, or uncovered foundation, which, by reason of the condition, creates a public health or safety hazard.
   N.    An outdoor burner/boiler installed from and after December 1, 2010.
   O.    Any outdoor burner/boiler existing as of December 1, 2010, that is used or operated from and after October 1, 2011.
   P.    Depositing of, permitting, or failing to remove garbage, trash, rubbish, bottles, cans, and other refuse on any property, including large quantities of organic debris and materials that accumulated by other than natural means, except neatly maintained compost piles.
   Q.    A violation of section 9-5-13 of this Code prohibiting illicit connections and discharges into the City's sewer system.
   R.    A public nuisance on property is also deemed a public nuisance and is defined by Minnesota Statutes section 609.74.
   S.    A violation of section 5-5-12 of this title creating unnecessary noise.
RESPONSIBLE PARTY: Any one or more of the following:
   A.    Owner of property;
   B.    Agent of the owner of property;
   C.    Contract for deed holder relating to the property;
   D.    Mortgagee or vendee in possession of property;
   E.    Lessee of property; or
   F.    Other person, firm, corporation or entity exercising apparent control over property.
SIDEWALK REGULATIONS: See the provisions of section 7-1-2 of this Code.
STORAGE CONTAINER: A portable container used for the storage of nontoxic items and designed to contain at least seven hundred sixty eight (768) cubic feet. (Ord. 1291, 4-13-2015; amd. Ord. 1364, 2-25-2019)