For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED BUILDING. Any building or portion of a building which has stood with an incomplete exterior shell for longer than 1 year or any building or portion thereof which has stood unoccupied for longer than 1 year which meets 1 or more of the following criteria:
(1) Unsecured;
(2) Boarded;
(3) Having multiple exterior Housing Code or Building Code violations; and/or
(4) Placarded as “Unfit for Human Habitation”.
ABATEMENT. The proper removal, containment, cleanup, and/or remediation of a nuisance. ABATEMENT may include, but shall not be limited to, removal, cleaning, extermination, cutting, mowing, grading, sewer repairs, draining, securing, boarding unoccupied structures, barricading or fencing, removing dangerous portions of structures, and demolition of dangerous structures or abandoned buildings.
ABATEMENT DEADLINE. The date on which the nuisance must be abated by as specified in a written order.
CHEMICAL INVESTIGATION SITE. A drug lab site (such as a clandestine drug lab site as defined in M.S. § 152.0275) that is under notice and order for cleanup and/or remediation as a public health nuisance, as authorized by M.S. Ch. 145A and/or this chapter.
CHILD. Any person under the age of 18.
CLANDESTINE DRUG LAB OR OPERATION. The unlawful manufacture or attempt to manufacture a controlled substance within any area of a structure such as a dwelling, building, motor vehicle, trailer, boat, or other structure or appliance, as determined by a licensed law enforcement officer.
CLEANUP. The proper removal and/or containment of substances or materials hazardous to humans and/or the environment. Cleanup can also be referred to as abatement and is part of remediation.
CONTROLLED SUBSTANCES. A drug, substance or immediate precursor in Schedules I through V of M.S. § 152.02. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors, or tobacco.
DANGEROUS STRUCTURE. Any structure which is potentially dangerous to persons or property including but not limited to:
(1) A structure which is in danger of partial or complete collapse;
(2) A structure which has any exterior parts such as chimneys, eaves, porches, siding, railings, or trim which are loose or in danger of falling; or
(3) A structure which has any parts such as porches, stairs, ramps, rails, balconies, or roofs which are accessible and which are either collapsed, in danger of collapsing, or unable to support a person.
ENFORCEMENT OFFICER. The Director of the Department of Public Works, the Building Inspector, the Fire Chief, the Chief of Police, or their duly authorized representative designated by the City Administrator to determine if a nuisance exists and administer Chapter 90 of this code. The city further authorizes the Scott County Public Health Authority to undertake the responsibilities of enforcing the public nuisance provisions of this Code when investigating a public health nuisance located in the city.
EXTERMINATION. The eradication of rodents or other vermin by any or all approved methods such as poisoning, fumigation, or trapping.
FIREWOOD. Firewood, split wood or unsplit wood logs cut into lengths not exceeding three feet for the purpose of burning for a fireplace or a recreational fire on the real property. FIREWOOD shall not include milled or prepared lumber.
HAZARDOUS WASTE. Any waste material so defined by M.S. § 116.06, or described or listed as hazardous waste in Minn. Rules Chapter 7045.
INTERESTED PARTY. Any owner of record, occupying tenant, or lien holder of record.
LAST KNOWN ADDRESS. The address shown on the records of the Scott County Department of Property Taxation or a more recent address known to the enforcement officer. In the case of parties not listed in these records, the last known address shall be that address obtained by the enforcement officer after a reasonable search.
MAIL. Depositing the item with the United States Postal Service addressed to the intended recipient at his or her last known address with first class postage prepaid thereon.
NOXIOUS SUBSTANCES. Substances, solid or fluid, which are offensive, detrimental to health, hurtful, or dangerous. Noxious substances shall include but not be limited to any dead animal, or portion thereof, putrid carcass, decayed animal matter, green hides, or any putrid, spoiled, foul, or stinking meat, poultry, fish, offal, hides, skins, fat, grease, liquors, human or animal excrement, or manure.
OCCUPANT. A natural or legal person who occupies real property, whether with or without any right, title or interest in the property, or who is in possession or charge of such property, in the event the property owner resides or is located elsewhere.
OWNER. Any person, firm, partnership or corporation who owns, in whole or in part, real property, a structure and/or fixtures, or is the purchaser of the property under a contract for deed or owns personal property such as a motor vehicle, trailer, boat or other appliance.
PERSONAL PROPERTY. All property other than real property or structures located on real property.
PERSONAL SERVICE. Service by personally handing a copy to the intended recipient or by leaving a copy at the intended recipient’s residence or place of business with a person of suitable age and discretion.
PRIVY. Any type of no-flush fixture for the receipt and storage of human waste including fixed units with vaults as well as portable units.
PROPERTY. Publicly or privately owned real or personal property, including buildings and other structures, and motor vehicles as defined in M.S. § 609.487, Subd. 2a, as amended in the future.
PROPERTY AGENT OR AGENT. A legal or natural person authorized by an owner to act in transacting business matters or in managing the property.
PUBLIC HEALTH HAZARD OR PUBLIC HEALTH INSURANCE. Any activity or failure to act that adversely affects the public health, and shall include, but not be limited to, any condition that poses an immediate and direct hazard to human health if left unremediated due to the existence of the condition itself, or due to the immediate threat of transmission of disease through insects, animals or other means for the transmission of infection.
REAL PROPERTY. Any parcel of land whether vacant or not, whether any structure thereon is occupied or not, or whether submerged or not.
REFUSE. Putrescible or non-putrescible and combustible or non-combustible waste, including paper, garbage, material resulting from the handling, processing, preparation, cooking, storage, serving and consumption of food, vegetable or animal matter, offal, rubbish, plant wastes such as tree trimmings or grass cuttings, ashes, incinerator residue, street cleanings, construction debris, detached vehicle parts, and solid industrial and market wastes.
REMEDIATION. Methods employed in dealing with public health nuisances and include, but are not limited to, assessment, evaluation, testing, venting, detergent scrubbing, enclosure, encapsulation, demolition, and/or removal of materials.
RESPONSIBLE PARTY. Any 1 or more of the following:
(1) An owner;
(2) Agent;
(3) Assignee or collector of rents;
(4) Holder of a contract for deed;
(5) A mortgagee or vendee in possession;
(6) Receiver or executor or trustee;
(7) Lessee;
(8) Those listed as owners on a vacant building registration form submitted to the Building Inspector under the City Code; and
(9) Other person, firm, or corporation exercising apparent control over a property, including occupants.
STRUCTURE. A dwelling, building, motor vehicle, trailer, boat, or any other area or location, fixed or temporary, indoors or outdoors.
UNOCCUPIED. A building which is not being used for a legal occupancy or a building which has been ordered vacated by the city.
UNSECURED. Open to entry by unauthorized persons without the use of tools or ladders.
VULNERABLE ADULT. Shall have the meaning set out in M.S. § 626.5572, Subd. 1, as amended in the future.
(Prior Code, § 10.01) (Am. Ord. 2008-005, passed 11-17-2008; Am. Ord. 2020-06, passed 10-19-2020)